'  (,  i/ft,  / 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised  ).  PART  VII. 


WILEY,  Chief. 


FOODS  AND  FOOD 


sTROL. 


REVISED    TO    VJTJH.-5T    1,   1905. 


VII.     LAWS  OF  PORTO  RICO,  RHODE  ISLAND.  s<  >LTH  CAR<  >LINA. 

SOUTH  DAKOTA,  TENNESSEE.  TEXAS,  I'TAII, 

AND  VERMONT. 


By    W.     D.     BK.  ELO.W 
( 'mil.  I  »i\  ision  '"  Foods. 


WASHINGTON 
GOVERNM1  \T    PRIN1  INC   01  PH  B, 
190 


■ 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  VII. 

H.  \Y.  WILEY,  Chief. 


FOODS  AND  FOOD  CONTROL 


BEVISED    TO    JULY    1,    1905. 


VII.     LAWS  OF  PORTO  RICO,  RHODE  ISLAND.  SOUTH  CAROLINA, 
SOUTH  DAKOTA,  TENNESSEE,  TEXAS,  I  TAIL 

AND  VERMONT. 


By    W.    I).    BIG  BLOW, 

( SHIEF,    Division  OF  Loons. 


w  18HINGTOK 

«.<.\  |  i;\\i,  \  i     PRINTING    OFFH  I 
I  90 


LETTER  OF  TRANSMITTAL. 


U.  S.  Department  oe  Agriculture, 

Bureau  of  Chemistry, 
Washington,  D.  ('..  October  25,  1905. 
Sir:  I  have  the  honor  to  transmit  herewith  for  your  approval  a 
compilation  of -the  food  laws  of  Porto  Rico,  Rhode  Island,  South  Caro 
lina,  South  Dakota,  Tennessee,  Texas,  Utah,  and  Vermont,  which  has 
been  revised  to  July  1,  1905.     I  recommend  that  this  manuscript  l>c 
published  as  Bulletin  No.  69,  Revised,  Part  VII,  of  the   Bureau  of 
Chemistry. 

Respectfully,  H.  W.  WlLBT,  Chief. 

Hon.  James  Wilson, 

Secretary  of  Agriculture. 


CONTEXTS. 


Page 

Porto  Rico 549 

(General  food. laws 549 

Alcoholic  beverages 551 

Candy 551 

Meat 551 

Regulations  of  the  Superior  Board  of  Health,  1903 553 

Rhode  Island 

General  food  law 569 

A  Icoholic  beverages 569 

Baking  powders 570 

Butter :>7 1 

Candy 571 

Milk' 572 

Vinegar ">7  1 

South  Carolina 575 

(  M-neral  food  laws 575 

Alcoholic  beverages -^77 

Candy 578 

( torn  meal 578 

Dairy  products 578 

Flour 580 

Meat X : 

Rice 

South  I  »:ik<  «ta 1 

General  food  laws 

.    Alcoholic  beverages 

Baking  powder 

Gaudy 

Oateup 

(  idcr 

hairy  products £6 

Flavoring  extracts 501 

Honey   

Lard 

M.;.t 

Spices 

Syrups .... 

Vinegar 

Rulings  of  the  commissioner      ...  

Tennessee 

I  i  en  era]  food  laws 

Alcoholic  beverages 801 


550  FOODS  AND  FOOD  CONTROL. 

ties  in  the  discharge  of  their  duty  as  provided  by  law,  or  sells,  gives  away  or  uses 
the  meat  or  milk,  or  removes  the  skin  or  any  part  of  such  animal,  is  punishable  by 
fine  not  exceeding  three  hundred  dollars  or  imprisonment  in  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court. 

Revised  Statutes  and  Codes  of  Porto  Rico,  1902,  Penal  Code,  title  14,  p.  556. 

480.  False  weight  or  measun  defined.  A  false  weight  or  measure  is  one  which  does 
not  conform  to  the  standard  established  by  law. 

481.  Using  false  weights;  penalty.  Every  person  who  uses  any  weight  or  measure, 
knowing  it  to  be  false,  by  which  use  another  is  defrauded  or  otherwise  injured,  shall 
be  punished  by  imprisonment  for  not  exceeding  six  months  or  by  tine  not  exceeding 
two  hundred  dollars,  or  by  both. 

4s2.  Stamping  casks  falsely;  penalty.  Every  person  who  knowingly  marks  or 
stamps  false  or  short  weight  or  measure,  or  false  tare,  on  any  cask  or  package,  or 
knowingly  sells  or  offers  for  sale,  any  cask  or  package  so  marked,  shall  be  punished 
by  imprisonment  for  not  exceeding  six  months  or  by  line  not  exceeding  two  hundred 
dollars,  or  by  both. 

4n:{.  Full  weights  of  sugar,  coal,  etc.;  penalty.  In  all  sales  of  sugar,  coal,  and  other 
commodities,  usually  sold  by  the  ton  or  fractional  parte  thereof,  the  seller  must  give 
t<>  the  purchaser  full  weight,  and  any  person  violating  this  section  shall  be  punished 
by  imprisonment  for  not  exceeding  six  months  or  by  fine  not  exceeding  two  hun- 
dred dollars,  or  by  both. 

484.  Full  weight  or  measure  of  all- commodities;  penalty.  In  all  sales  of  merchandise, 
wares,  articles  of  food  or  drink  or  whatever  else  is  purchased  by  weight  or  measure, 
the  seller  must  give  to  the  purchaser  full  weight  or  measure,  and  any  person  violat- 
ing this  section  shall  be  punished  by  imprisonment  not  exceeding  six  months  or  by 
fine  not  exceeding  two  hundred  dollars,  or  by  both. 

Revised  Statutes  and  Codes  of  Porto  Rico,  1902,  Penal  Code,  ch.  10,  p.  590. 

765  (11).  Specific  duties  of  the  superior  board  of  health.  To  inquire  into  and  report 
upon  all  infractions  of  laws  govering  the  purity  and  good  condition  of  foods,  bever- 
ages, medicines  and  drugs;  to  submit  to  the  consideration  of  the  Governor,  through 
the  Commissioner  of  the  Interior,  rules  for  the  repression  of  occupations  prejudicial 
or  dangerous;  report  concerning  any  special  cause  of  danger  to  life,  and  make  BUg- 
gestione  in  connection  therewith;  and  to  call  upon  the  local  boards  of  health  tor  the 
enforcement  of  regulations  made  by  it  in  the  respective  districts. 

<<»(>  <  12).  General  jurisdiction  of  the  superior  board  of  health.  To  inspect  through  its 
inspector-  and  see  to  all  things  which  concern  public  health  and  individual  security. 

And  further,  to  intervene  and  have  general  direction  in  all  things  ooncerning  the 
following  matter-:  Public  water  supply,  markets,  bakeries,  general  grocery  stores 

(pulperfas),  milk  Stalls  and  meat  stalls;    purity  and   good   condition  of  foods,  he\er- 

ages,  liquors,  drugs  and  medicines;    *    *    *     Provided,  that  in  all  matters  specified 

in  sections  6,  7,  S,  «»,  10,  I  I,  and  12,  the  Superior  Board  Of  Health  shall  direct  to  the 
local  boards  of  health,  the  performance  Of  all  duties  related  to  those  matters  iu  their 

several  communities.    *    *    * 

Approved,  March  I,  1902.    Revised  Statutes  and  Codes  of  Porto  Rico,  L902,  Revised 

Statutes,  p.  278. 

Sac.  Is.  Appoint  mi  ,tt  of  superior  board  of  health.  The  Governor  shall,  upon  the 
recommendation  of  the  Director,  and  by  and  with  the  advice  and  consent  of  the 

Executive  Council,  appoint  ■  superior  board  of  health  of  fiVi  members,  consisting  of 

a  supervisor  of  Health  (chairman),  one  physician,  one  lawyer,  one  civil  engineer 
and  one  druggist,  who  shall  hold  their  offices  for  two  years,  without  compensation 


PORTO    RICO.  551 

except  for  traveling  and  other  expenses  which  may  arise  when  engaged  in  official 
business. 

Sec.  19.  Duties.  The  superior  board  of  health  shall  be  an  advisory  board  to  the 
Director  of  Health,  Charities  and  Corrections  on  all  matters  concerning  *  *  * 
foods,  beverages  and  drugs  on  the  public  health;  *  *  *  the  plans  and  specifica- 
tions for  all  new  water  supplies,  drainage,  sewerage,  plants  and  public  institutions 
of  all  kinds,  insular  or  municipal,  and  the  alteration  of  such  works,  institutions  and 
places;  *  *  *  to  inquire  into  and  report  upon  all  infractions  of  the  laws  govern- 
ing the  good  condition  and  purity  of  foods,  labels,  beverages,  medicines  and  drugs; 
*  *  *  .  The  Director  shall  make  regulations  subject  to  the  approval  of  the  Exec- 
utive Council  governing  all  things  concerning  the  following  matters:  Public  water 
supply,  markets,  bakeries,  general  grocery  stores,  milk  stalls  and  meat  stalls,  *  *  * 
purity,  brands,  labels  and  good  conditions  of  foods,  beverages,  liquors,  drugs  and 
medicines;     *     *     *     . 

Approved  March  10,  1904.  Acts  and  Resolutions  and  Code  of  Civil  Procedure 
1904,  pp.  97-9S. 

alcoholic  BEVERAGES. 

2,  Additional,  tax  for  adulteration  of  distilled  spirits.  On  each  and  every  gallon,  or 
fraction  thereof,  of  distilled  spirits  as  enumerated  above,  whether  domestic  or  for- 
eign, which  shall  be  changed  in  form  by  any  merchant  or  at  any  liquor  factory,  by 
sweetening,  diluting,  adulterating,  or  by  the  addition  of  other  ingredients  or  water, 
there  shall  be  paid,  when  sold,  or  exposed  for  sale  to  the  public,  besides  the  tax 
already  paid  on  such  distilled  spirits  in  their  original  condition,  an  additional  tax  of 
forty  cents. 

4.  Additional  too;  for  adulteration  of  wines.  On  each  and  every  gallon,  or  fraction 
thereof,  of  fermented  wines  as  enumerated  above,  whether  domestic  or  foreign, 
which  shall  be  changed  in  form  by  any  merchant  or  at  any  liquor  factory,  by 
diluting,  adulterating,  Or  by  the  addition  of  other  ingredients,  there  shall  be  paid, 
when  placed  on  sale,  besides  the  tax  already  paid  on  such  fermented  wines  in  their 
original  condition,  an  additional  tax  of  fifteen  cent-. 

LEWS  Of  L90O-1901,  Schedule  A.  pp.  80-81. 

CANDY. 

:i">:>.  Adulteration  a  misdemeanor.  Every  person  who  adulterates  candy  by  using 
in  it-  manufacture  terra  alba  or  any  other  deleterious  Bubstances,  or  who  sells  or  keeps 

!<u    -ale  any  candy  01    candies  adulterated  with   terra  alba  or  any  other  deleterious 

substance,  knowing  the  Bame  to  be  adulterated,  is  guilty  of  a  misdemeanor. 
Revised  Statutes  and  Codes  of  Porto  Lie,,  1902,  Penal  (ode,  title  l  b  p.  5 

ML  \  I 

Bbc.    L   I  1"     Slaughter  of  animals  for  food-  municipal  regulation.      The  killing  of 

animal-  for  1 1   and  the  -ale  of  their  flesh  in  each  municipality  of  the  Island  shall 

be  subject  to  the  inspection  <>t'  the  local  authorities,  who  shall  see  that  the  provisions 
of  this  A.ct  are  complied  with.  The  following  fees  shall  be  collected  i>>  the  munici- 
palities iroin  persons  offering  meats  for  public  consumption:  For  ever]  twenty-five 
pounds  of  fresh  meat  of  cattle,  twenty-five  cents;  foreverj  hog,  titty  cent.-;  and  for 

e\ ery  head  of  -heep,  twenty-five  cent-.  No  other  tee-  than  those  herein  mentioned 
shall  be  levied  or  collected  from  persons  offering  meats  tor  public  consumption, 

whether   such    persons    OM    tin*    municipal    t»laughterdioiises    and    meat  marl  • 

whether  they  use  private  slaughter-houses  and  meat  standi  for  the  slaughtering  of 

their  cattle  and  the  -ale  of  their  flesh.      Persons  bringing  in  the  carcasses  of  animals 

for  consumption  from  outside  th<   municipality,  and  persons  Importing  refrigerated 


552  FOODS  AND  FOOD  CONTROL. 

meat  from  any  other  country  for  public  consumption,  shall  pay  the  same  fees  as 
those  hereinbefore  specified.  Each  municipality  shall  have  at  least  one  inspector, 
who  shall  be  a  veterinary  surgeon  or  the  municipal  health  officer,  and  whose  duty 
it  shall  be  to  see  that  the  provisions  of  this  law  are  enforced;  examine  all  animals 
offered  for  slaughter  with  the  intention  of  offering  the  meat  for  public  sale;  inspect 
slaughtering  operations,  markets,  market  stands,  and  all  places  where  fresh  meat  is 
exposed  for  sale,  and  see  that  diseased  animals  and  condemned  meat  are  destroyed. 
Appeal  against  the  ruling  of  local  inspectors  in  matters  of  the  fitness  or  otherwise  of 
animals  for  slaughter  and  food  shall  lie  to  the  Superior  Board  of  Health,  whose 
decision  therein  shall  be  final. — As  amended  March  IB,  1903,  p.  119;  and  at  further 
amended  March  10,  1904,  Lairs  and  Code,  <  HvU  Procedure  1904,  P-  6. 

.  2.  (11)  Sanitation  of  slaughterhouses;  regulations  for  slaughtering.  Xo  slaughter 
house  shall  be  constructed  within  the  outskirts  of  any  town  or  village,  or  within  one 
hundred  (100)  metres  of  an  inhabited  building,  or  in  a  location  such  that  the  free 
circulation  of  air  is  interrupted  or  interfered  with.  Slaughter  houses  must  be  pro- 
vided with  a  pavement  of  brick  or  tile  or  cement,  so  inclined  as  to  facilitate  the 
drainage  of  refuse  matter,  and  must  be  provided  with  proper  drains.  They  must 
also  be  supplied  with  abundant  running  water,  and  with  a  trough  from  which  the 
animals  intended  for  slaughter  shall  be  watered  twice  daily.  They  must  also  be  pro- 
vided with  a  shed  for  the  shelter  of  the  stock  to  be  slaughtered.  Persons  engaged 
in  the  slaughter  of  animals  and  the  handling  of  meat  shall  be  free  from  communicable 
disease  and  shall  be  subject  in  that  regard  to  the  official  inspection.  While  engaged 
in  the  slaughtering  or  handling  of  meat,  they  shall  wear  clean  clothing,  other  than 
that  worn  by  them  at  their  homes,  or  in  going  and  returning  to  and  from  the  slaughter- 
house. Offal  and  fat  shall  not  be  rendered  in  the  same  building  as  the  slaughter 
house,  or  within  one  hundred  (100)  metres  thereof.  No  animal  shall  be  slaughtered 
unless  it  has  been  inspected  not  more  than  twenty-four,  (24)  and  Leas  than  six  (6) 
hours  before  killing,  and  animals  intended  for  slaughter  must  be  provided  with  food 
and  water  at  least  once  in  the  twenty-four  (24)  hours  preceding  the  killing.  The 
blowing  of  slaughtered  animals  to  facilitate  the  skinning  of  the  carcass  is  forbidden. 
Offal  or  refuse  from  the  slaughter  house  shall  not  be  fed  to  any  animal  or  fowl 
intended  for  slaughter  or  consumption.  The  slaughter  of  animals  shall  take  place 
between  the  hours  of  four  (4)  and  eight  (8)  in  the  afternoon,  except  when  special 
permission  to  slaughter  at  other  hours  is  grantee!  by  the  local  inspector,  in  accord- 
ance with  rules  prescribed  by  the  Superior  Board  of  Health. 

:;.  (12)  Inspection  of  animals  before  slaughter.  No  animal  -hall  be  slaughtered 
for  consumption  in  any  municipality  until  it  has  first  been  inspected  and  passed  by 
the  municipal  inspector.      No  fowl  or  other  animal  which  has  been  allowed   the  run 

of  cesspools  or  latrines  or  allowed  to  feed  thereat,  shall  be  passed  by  the  inspector, 

nor  any  diseased  animal,  nor  any  animal  which    has  not    been  treated   in  a  humane 

manner  while  eu  route  to  the  slaughter  house;  bul  any  animal  which  it  becomes 
necessary  to  kill  as  the  result  of  an  accident  may  be  passed  by  slaughtering  by  the 
inspector,  provided  thai  the  flesh  of  said  animal  will  not  be  unfit  for  consumption  it 
slaughtered.  Oxen  may  be  passed  for  slaughter  provided  thai  they  are  fat  and  bear 
no  Indications  of  having  Buffered  from  an>  disease  rendering  their  flesh  unfit  for 
consumption. 

i.  (18)  Protection  of  meat  exposed  for  sale.     No  meat  shall  be  exposed  for  sale 

within  three  hours  after  the  killing  thereof  in  any  municipality  of  the  island.  No 
meat  shall  be  exposed  for  sale  which  has  not  been  conveyed  from  the  slaughter 
house  by  BUCh  mean-  and  with  such  precautions  SB  to  exclude  dust,  insects  and 
other  causes  Of  contamination.      Market-.  market   stand-  and   meat    Bhops  must    D€ 

kept  in  a  clean  and  sanitary  condition  and  -"that  live  fowls  and  animals  shall  not 

have  access  to  the  same.      Meat,  flsh  and  the  flesh  of  foil  Ifl  exposed  for  sale,  must  be 

protected  from  contamination  by  dirt,  dust,  insects  and  other  causes  of  pollution. 


PORTO    RICO.  553 

Sec.  5.  (14)  Condemned  meal  to  be  burned.  All  meat  or  fish  or  parts  of  carcasses 
condemned  as  unfit  for  food  shall  be  destroyed  by  saturating  with  coal  oil  and  burn- 
ing the  same  in  the  presence  of  a  municipal  inspector.  The  carcass  of  any  food  ani- 
mal which  has  died  as  the  result  of  disease  shall  be  destroyed  by  cremation  in  the 
same  manner. 

Sec.  6.  (15)  Slaughter  house  certificate;  fees.  No  meat  shall  be  offered  for  sale  in 
any  municipality  unless  it  be  accompanied  by  a  certificate  issued  at  the  slaughter 
house  that  the  animal  has  passed  inspection  as  fit  for  slaughter  and  that  its  meal 
has  been  inspected  and  is  fit  for  consumption.  No  fresh  meal  shall  be  offered  for 
sale  in  any  municipality  other  than  that  in  which  it  is  slaughtered  until  the  slaugh- 
ter house  certificate  has  been  examined  by  the  inspector  of  the  municipality  where 
the  meat  is  offered  for  sale,  and  unless  such  meat  is  newly  inspected  and  pronounced 
fit  for  consumption  by  the  local  inspector,  for  which  inspection  fees  may  be  charged 
at  rates  not  to  exceed  those  specified  in  Section  1  of  this  Act. 

7.  (16)  Jurisdiction;  penalty.  The  police  judge  of  the  municipality  in  which 
the  slaughter  house  or  the  market,  market  stand,  or  meat  shop  is  situated  shall  have 
jurisdiction  of  offenses  againsl  this  Act.  The  violation  of  any  of  the  provisions  of 
this  Act,  shall  be  punished  by  a  fine  of  from  five  to  fifteen  dollars,  or  by  imprison- 
ment not  exceeding  thirty  days,  or  both,  in  the  discretion  of  the  police  judge. 

Sbc.  8.  (17)  Repeal.  All  laws,  orders,  and  decrees,  or  parts  thereof,  in  conflicl 
with  the  provisions  of  this  Act,  are  hereby  repealed. 

9.  (IS)  Date  Of  effect.  This  Act  shall  take  effect  from  and  after  July  first, 
nineteen  hundred  and  two. 

Approved,  .March  I,  1902.     Revised  statutes  and  Code  of  Porto  Rico,  1902,  Revised 

Statutes,  p.  4. 

Sbc.  l.  Cattle  for  slaughter .  Cattle  may  be  presented  for  slaughter  without  restric- 
tion as  to  sex;  provided  that  female  cattle  shall  not  be  over  six  months  pregnant 

>i.<  .  2.  That  section  1  of  an  act,  entitled  "An  Act  to  regulate  the  slaughter  of 
food  animals  and  the  sale  of  fresh  meat,"  approved  March  1,  L902,  he,  and  hereby 
is  amended  so  as  to  read  as  follow  b:       See  p. 

oUected  prior  to  enactment  of  law.  No  cause  of  action  shall  lie  against 
any  municipality  because  of  charges  levied  and  collected  prior  to  the  passage  of  this 
Act  tor  the  nee  of  or  inspection  of  the  municipal  slaughter-house  or  meat  stand-,  or 
for  the  inspection  of  private  Blaughter-houses  or  meal  Stands;  QOr  shall  any  munici- 
pality be  required  to  refund  any  moneys  bo  collected. 

Approved,  March  lo,  1904.     Laws  ami  Code,  civil  Procedure  1904,  p.  <;. 
REG1  LATIONS  OF  THE  SUPERIOR  r><  >  \KI>  < »!    Hi:  LLTH,  I 

i:  \i      111... I   l   \  l  low 
PROHIBITUM    OF     \oi  I  i  i:i;  \  i  lo\     \m>    MISBRANDING. 

No  article  of  Pood,  l>rink,  Drug,  &&,  can  be  sold  or  offered  for  sale  in  Porto  Rico, 

nor , -a  n  il  be  stored  or  exposed  for  sale  therein  or  he  transported  in  or  into  said  island 
with  tin-  purpose  of  storing,  selling,  exposing  or  offering  it  for  sale  in  the  .-a  me,  if  it 
he  Adulterated  "r  misbranded  within  the  meaning  of  these  term-  as  defined  herein. 


No  later  regulation-  have  l>eeii  received. 


554  FOODS    AND    POOD    CONTROL. 

DEFINITION    OP    MISBRANDING.       (FOOD.  ) 

For  the  purposes  of  these  regulations  an  article  oi  food  shall  be  deemed  to  be 
misbranded  in  the  following  cat 

(1)  When  it  is  an  imitation  of  another  article,  or  is  offered  for  sale  under  the 
distinctive  name  of  another  substance,  Provided,  that  the  term  "distinctive  name" 
shall  not  be  construed  as  applying  to  any  article,  sold  or  offered  for  sale  under  a 
name  that  has  come  into  general  use,  to  Indicate  the  kind  or  class  of  the  article,  if 
the  name  be  accompanied  on  the  same  Label  with  a  statement  of  the  place  when 
article  lias  been  manufactured  or  produced. 

(2)  If  it  be  mixed,  powdered,  colored  or  stained  whereby  damage  or  inferiority  is 
concealed  so  that  such  product  when  sold  or  offered  for  sale  shall  deceive  or  tend  to 
deceive  the  purchaser. 

(3)  When  it  is  labeled  or  marked  by  means  of  any  word,  sign  or  symbol,  with  the 
purpose  of  deceiving  or  misleading  the  purchaser,  or  purports  to  be  a  foreign  product 
when  not  so.  or  is  an  imitation,  either  in  package  or  label,  of  another  substance  of  a 
previously  established  name,  or  which  has  been  trade-marked  or  patented. 

(4)  If  the  vessel  or  package  containing  it,  or  if  the  label  shall  bear  any  word,  agn 
or  symbol,  or  any  statement,  regarding  the  ingredients  or  the  substances  contained 
therein,  which  shall  be  false  or  misleading  in  any  particular,  or  if  the  same  is  falsely 
branded  ae  to  the  place  in  which  it  was  manufactured  or  produced. 

(5)  When  on  the  vessel  containing  an  article  of  food,  there  is  more  than  one  label. 
Every  word,  symbol  or  observation  of  whatever  kind  must  be  placed  on  one  and 

the  same  label,  Provided,  that  this  requirement  shall  not  be  considered  as  applying 
to  the  name  of  the  manufacturer  of  the  vessel,  generally  stamped  on  the  same. 

No  article  of  food,  drink,  drug,  etc.,  can  be  sold,  stored,  exposed  or  offered  for 
salt-  in  Porto  Rico  nor  can  it  be  transported  in  or  into  said  island  with  the  purpose 
of  80  Belling,  storing,  exposing  or'  offering  it  for  sale  therein,  unless,  upon  every 
casing,  sacking,  etc.,  containing  such  for  the  purpose  of  sale,  (excepting  such 
boxes,  barrels,  etc.,  as  arc  used  only  for  the  purpose  of  transporting  the  article )  there 
be  printed,  painted,  stamped  or  otherwise  placed. 

(1)  The  tine  name  of  the  contents  of  the  vessel. 

(2)  The  name  and  address  of  the  manufacturer,  packer,  canner,  etc.,  of  the  article. 
Every  article  of  food   that   is  sold,  Stored,  exposed   or  offered   for  saK',  or-  that   is 

transported  in  or  into  Porto  Rico  with  the  purpose  of  selling  it  or  of  offering  it  for 
-ale  or  of  storing  or  exposing  it  for  sale  therein,  and  that  is  not  marked  in  the  man- 
ner just  described  \\  ill  be  considered  as  "  misbranded  "  and  subject  to  the  penalties 
provided  then-tor,  hut  nothing  in  this  regulation  shall  he  considered  to  annul  or 
modify  any  other  regulation  applying  to  misbranding  and  (or)  adulteration,  and 

contained  herein. 

In  the  case  of  foods,  an  article  shall  be  deemed  to  be  adulterated  in  the  following 

( l )  [f  any  substance  hae  been  mixed  or  packed  with  it  so  as  to  reduce,  Lower,  or 
injuriously  affect  it-  strength  or  quality,  so  that  such  product  when  sold  shall  deceive 

or  tend  to  deceive  the  plll<h;i 

[f  any  substance  or  substances  ha-  been  or  have  \n-i-n  substituted  wholly  or  in 

part  for  tin-  article,  so  that  the  product   when  Sold  or  offered  for-  sale  shall  deceive  or 

tend  to  deceive  the  purchase] , 

i :; i  [f  any  natural  or  normal  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted,  so  that  the  article  when  sold  or  offered  for  sale  shall  deceive  or  tend  to 
deceit e  the  purchaser. 

It  it  contains  any  poisonous  ingredient,  or  any  ingredienl  which  might  lender 

BUCh  article  injurious  to  the  health  of  the  person  consuming  it. 

If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed  or  putrid  animal  or 


PORTO    RIOO.  555 

vegetable  substance,  or  any  portion  of  an  animal  or  vegetable  substance  unfit  for  fa  "1 
whether  manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal  or  of  one 
that  ha-  died  otherwise  than  by  slaughter. 

(6)  If  it  is  a  mixed  or  compound  article,  and  ifl  sold  under  the  name  of  one  of  its 
ingredients. 

PROVISIONS  RELATIVE  TO  THE  GENERAL  DEFINITION- OF  ADULTERATION  AND  MISBRANDING. 

An  article  of  food  that  dor-  not  contain  any  poisonous  or  deleterious  ingredient 
will  not  be  considered  to  be  adulterated  in  the  following  a 

(1)  In  the  cases  of  mixtures  or  compounds  which  may  be  now,  or  from  time  to 
time  hereafter  known  a-  article:-  of  food,  under  their  own  distinctive  names,  and  not 
included  in  definition  of  this  section.  Provided,  that  no  mixtures  or  compounds 
that  are  marked  simply  "•niixt."  or  ••compound"  without  the  names  of  their 
ingredients  can  contain  as  any  ingredient  any  substance  not  generally  recognized  as 
an  article  of  food. 

2  In  the  Case  of  articles  labeled,  branded  or  taL'ired.  bo  a-  t«.  plainly  indicate  that 
they  are  mixtures,  compounds,  combinations,  imitation-  or  blends:  Provided,  that 
the  name  shall  be  -<>  labeled,  branded  or  tailed  -<>  a-  to  show  the  character  and 
constituents  thereof:  And  provided  further,  that  nothing  in  this  regulation  shall  be 
construed  as  requiring  or  compelling  proprietors  or  manufacturers  of  proprietary 
foods  which  contain  no  unwholesome  added  ingredient,  to  disclose  their  trade 
formula.-  except  in  so  Ear  as  the  provisions  of  these  regulations  require  to  secure 
freedom  from  adulteration  or  imitation. 

Fruit,  Mk\i   and  Vegetables. 

No  fruit,  meat  or  vegetable  can  be  sold  or  offered  for  sale  in  Porto  Rico  nor  can  it 
be  Stored  or  exposed  for  sale  therein,  or  he  transported  in  «»r  into  said  island  with 
the  purpose  of  Belling  it  or  offering,  storing  <»r  exposing  it  for  sale  therein,  if  it  is  in 
a  state  of  fermentation  or  putrefaction  or  in  such  a  state  as  to  make  it-  use  as  food 
liable  to  injure  health. 

V>  Emit,  vegetable  or  meat,  can  be  .-old  or  stored,  exposed  or  offered  for  sale  in 
Porto  Rico  nor  be  transported  in  or  into  said  island  with  the  purpose  of  selling  or  of 
offering,  storing  or  exposing  it  for -ale  therein  unless  such  article  is  free  from  any 
injurious  ingredients,  and  unless  upon  every  can  or  vessels  of  any  kind  that  contains 
such  fruit,  vegetable  or  meat,  there  be  printed,  painted,  stamped  or  otherwise 
placed  the  true  name  of  the  content-  and  the  name  of  the  manufacturer,  or  packer, 
canner,  Ac,  &c,  the  words  expressing  the  kind  or  class  of  the  article  must  be 
expressed  by  means  of  letters  not  less  than  one  half  inch  in  height,  and  so  placed 
be  readily  visible  and  easily  legible. 

I  Ll>"     i..m.|»-     Ml  M      HI      -..     MASKED. 

If  a  vegetable  or  a  fruit  has  been  dried  and  subsequently  soaked,  prior  to  being 
canned  or  preserved,  ever)  \  esse]  containing  such  soaked  goods  must  be  so  marked  a< 
to  plainly  indicate  this  fact,  bj  means  of  the  word  expressed  in  Spanish)  "Soaked" 
printed,  painted,  stamped  or  attached  to  the  vessel  in  -on  ie  other  wa\  and  e\pre.-.-ed 
by  means  of  letters  not  less  than  one  half  inch  in  height,  the  letters  of  tin-  word 
mi  all  cases  larger  than  those  of  any  other  word  appearing  on  the  label,  and  so 
placed  a-  n.  i»e  readily  visible  and  easily  legible. 

\  i  -  0HO1  n      IW:\  EBA< 

I   A  I  Ion-. 

No  article  used  "t  to  be  used  as  an  alcoholic  Drink  or  B  id  or 

offered  for  sale  or  stored  oi  exposed  for  sale  in  Porto  Rico,  nor  be  transported  in 
or  into  said  island  with  the  purpose  of  selling  it  rig,  exposing  <>r  offering 


55G  FOODS    AND    FOOD    CONTROL. 

it  for  sale  therein  as  an  alcoholic  Drink  or  Beverage,  if  it  contains  any  of  the  fol- 
lowing substances:  Seed  of  Cocculu-  [ndicus,  Sulphuric  Acid,  Grains  of  Paradise, 
Opium,  Alum,  Cochineal,  Brazil  Wood,  Sulphate  of  Iron,  Laurel  Water,  Qampeche, 
Picric  Acid,  Indian  Hemp,  Strychnine,  Tobacco,  Fruit  of  Lolium  Torulentum,  Arse- 
nic, Salts  of  Copper,  Lead,  Zinc  or  Mercury  Methyl  or  Ainyl  Alcohol,  or  any  Arti- 
ficial Essence  or  Extractor  Other  Substance  Injurious  to  Health:  But  nothing  in 
this  prohibits  the  sale  of  purely  medicinal  wines  that  conform  to  the  standards 
recognized  for  their  respective  classes  or  of  those  wines  made  from  fruits  other  than 
the  grape  provided  that  they  are  free  from  all  substances  injurious  or  deleterious  to 
the  health,  and  are  sold  under  a  name  which  shall  include  the  word  wine,  this  word 
being  immediately  preceded  or  followed  by  the  name  of  the  substance  from  which 
they  are  made  such  as,  Currant,  Gooseberry,  Alderberry.  etc. 


No  article  can  be  sold  or  stored  or  exposed  or  offered  for  sale  nor  be  transported  in 
or  into  the  Island  of  Porto  Rico  with  the  purpose  of  so  selling,  storing,  exposing  or 
offering  it  lor  sale  therein  as  or  under  the  name  of  beer,  if  it  contains  less  than  1  per 
cent  of  alcohol,  if  it  contains  any  substance  generally  recognized  as  injurious  or  prej- 
udicial to  health,  or  if  it  does  not  conform  in  all  respects  to  the  standard  established 
for  its  especial  class.  (See  general  regulations  applicable  to  all  alcoholic  beverages, 
drinks,  etc.) 

BRA  NOV. 

No  article  can  be  sold,  stored,  exposed  or  offered  for  sale,  nor  be  transported  in  or 
into  the  island  of  Porto  Rico  with  the  purpose  of  selling  or  storing,  exposing  or  offer- 
ing it  for  sale  therein  as  or  under  the  name  of  brandy  that  contains  less  than  35.  7  per 
cent  of  alcohol  by  weight  (45  per  cent  by  volume),  less  than  0.04  per  cent  of  ash. 
less  than  0.6  per  cent  of  extract,  more  than  0.2  per  cent  of  "Fusil  Oil"  relative  to  the 
absolute  alcohol  present,  more  than  0.05  per  cent  of  total  acids,  or  any  BUDStances 
generally  recognized  as  prejudicial  to  health. 


No  article  can  be  sold,  stored,  exposed  or  offered  for  sale,  nor  be  transported  in  or 
into  Porto  Rico,  with  the  purpose  of  selling,  storing,  offering  or  exposing  it  for 
sale  therein  a-  or  under  the  name  of  gin,  that  contains  les<  than  30  percent  of  alco- 
hol, by  weight,  or  any  substance  generally  recognized  as  injurious  or  deleterious  to 
health.     (Set-  regulations  applicable  to  all  alcoholic  drinks,  beverages,  etc.) 


No  article  call  he  sold  or  offered,  stored   or  exposed  for  sale  nor  be  transported    in 

or  into  Porto  Rico  with  the  purpose  of  selling,  storing,  exposing  or  offering  it  for  sale 

therein  as  or  under  the  name  of  RUM  that  contains  less  than   ."><;   percent   01  alcohol 

by  weight  oi  anj   Bubetance  generally  recognized  as   prejudicial   to  health.     (See 
general  regulations  applicable  to  all  alcoholic  beverages,  drinks,  etc.  | 


No  article  Can  he  .-old,  stored,  offered  or  exposed  lor  sale  nor  he  transported  in  or 

into  Porto  Rico,  with  the  purpose  of  selling,  storing,  exposing  or  offering  il  for  sale 

therein,  as  or  under  the  name  of  whisky,  that  contains  less  than  36  percent  of  Alco- 
hol, by  weight,  more  than  0.2  percent  of  fusel  oil,  relative  i"  the  weight  of  absolute 
alcohol  present,  or  that  contains  any  Bubstance  whatsoever  generally  recognized  as 

injurious  or  deleterious  to  health,  Or  that  does  not  conform  in  all  respects  to  the 
standard  lor  it-  especial    class.      (See  general    regulations  applicable  to  all  alcoholic 

drinks,  beverages,  etc. ) 


PORTO    RICO.  557 

WINK. 

No  article  shall  be  sold  or  offered  for  sale,  nor  shall  it  be  stored  or  exposed  for 
sale,  or  transported  in  or  into  Porto  Rico  with  the  purpose  of  selling  it  or  of  storing, 
exposing  or  offering  it  for  sale  therein,  as  or  under  the  name  of  Wine,  that  is  not 
exclusively  the  product  of  the  fermentation  of  the  juice  of  the  grape,  but  this  pro- 
hibition does  not  extend  to  the  sale  of  beverages,  or  drinks  made  by  other  pro* 
and  generally  classified  as  wines,  if  on  each  barrel,  bottle,  cask  or  other  vessel  con- 
taining such  article  for  the  purpose  of  sale,  there  be  printed,  painted,  stamped  or 
otherwise  attached,  the  word  (in  Spanish)  "Wine"  followed  immediately  by  an 
appropriate  word  or  by  appropriate  words  which  shall  express  the  true  nature  of  the 
article  therein  contained,  and  so  placed  as  to  be  readily  visible  and  easily  legible. 

The  letters  of  the  words  expressing  the  class  and  kind  or  variety  of  the  article 
must  be,  for  vessel-  whose  capacity  does  not  exceed  a  gallon,  not  less  than  one  half 
inch  in  heighth,  and  for  vessels  whose  capacity  is  greater  than  this,  the  letters  must 
not  be  less  than  one  inch  in  heighth. 

Every  wine  that  does  not  conform  in  all  respects  to  the  standard  established  for 
its  respective  class  will  be  considered  to  be  adulterated. 

Standard  of  qwmtUatwt  composition  to  which  red  wine*  must  conform. 

Red  wines  must  contain  not  less  than  6  percent  nor  more  than  12  percent  by  weight 
of  alcohol  (7.5  percent  to  15.12  percent  by  volume):  not  more  than  0.2  percent  of 
volatile  acids,  (calculated  as  acetic  acid)  not  more  than  0.2  grams  of  "sulphates" 
calculated  as  Potassium  sulphate,  to  each  100  cubic  centimeters:  not  less  than  0.2 
percent  of  carbonated  ash:  not  Less  than  1.5  percent  of  extract  (dried  at  100°)  nor 
more  than  3.5  percent:  not  more  than  0.02  of  a  gram  of  total  sulfurons  acid  to  each 
100  cubic  centimetres. 

Standard  U,   which    irhih    WVMB   must   ran  form. 

The  standards  for  White  Wines  will  be  the  same  as  for  Red  Wines  except,  that  the 
iiiinimnin  extract  contents  must  be  not  less  than  1.4  percent  and  that  of  the  ash  not 
Lea  than  0.  II  per  cent. 

Fortified  wines. 

The  above  regulations  shall  not  apply,  in  so  tar  as  the  requirements  as  to  alcohol 
are  concerned,  to  those  u  ines  to  which  an  addition  of  alcohol  to  that  naturally  occur- 
ring in  them  is  necessary,  in  order  to  preserve  them:  Provided,  That  the  total  per- 
centageof  Alcohol  does  not  exceed  22  percent  by  weight,  and  Provided  further,  that 
upon  every  barrel,  cask,  bottle  or  other  vessel  containing  such  wine  to  which  has 
been  added  alcohol  in  addition  to  that  naturally  occurring  in  it,  there  be  printed, 

paint  eel,  stamped  or  otherwise  placed,  the  word  (  in  Spanish  }"  Fortified,"  expressed, 
in  tin- case  of  vessels  w  host-  capaeit  v  i-  not  more  than  one  gallon,  by  letters  not  less 
than  one  half  inch  in   heighth,  and    by  letters  not  less  than  one  inch  in   heighth   00 

all  vessels  i  >f  ;i  greater  capaeit} , 

AH  'annua  \trillC  fot  the  purpOH   <a   <al,    must  l>,    properly  ma, 

i  y  article  sold  or  offered  for  sale  or  -tored  or  exposed  for  sal*-  or  transported  in 
of  into  the  Island  of  Porto  Rico  with  the  purpose  ,.t  selling,  storing,  offering  or 
exposing  it  for  sale  therein  under  the  name  of  Wine  alone  vrithout  a  further  descrip- 
tion of  its  kind  or  class,  w  ill  he  considered  to  be  misbranded. 

On  every  vessel  containing  any  article  that  ii  to  be  sold  or  offered  for  sal  • 
or  exposed  for  sale,  or  that  is  transported  in  or  Into  Porto  Rico  with  the  purp 
selling  or  of  offering  it  for  sale  or  of  storing  or  exposing  it  for  sale,  as  or  under  the 
name  of  Wine  or  under  any  name  of  which  the  word  wine  tonus  a  pan  there  must 


558  FOODS  AND  FOOD  CONTROL. 

be  printed,  painted,  stamped  or  otherwise  placed  (1)  the  word  Wine  (expressed  in 
Spanish)  (2)  a  word  or  words  immediately  following  this,  expressing  the  substance 
from  which  it  is  made  e.  g. :  Grapes,  Raisin,  etc.,  etc.,  (3)  the  name  and  address  of 
the  manufacturer. 

Baking  Powders,  Etc. 

No  compound,  mixture,  or  powder  whatsoever,  to  be  used  as  or  for  the  purposee 

of  Baking  Powder,  can  be  sold  or  offered  for  sale,  stored  or  exposed  for  sale,  nor  can 
it  be  transported  in  or  into  Porto  Rico  with  the  purpose  of  selling,  storing,  exposing, 
or  offering  it  for  sale  therein  as  or  under  the  name  of  Baking  Powder  or  under  any 
similar  name  unless,  upon  every  vessel  containing  such  for  the  purpose  of  sale  there 
be  printed,  painted,  stamped  or  otherwise  placed  the  following  expression:  "This 
baking  powder  contains  no  alum  or  other  injurious  or  unwholesome  ingredient," 
and  unless  it  is  free  from  adulteration  within  the  meaning  of  this  term  as  defined  in 
these  regulations. 

Bread. 

Xo  article  can  be  sold,  stored,  exposed  or  offered  for  sale  in  Porto  Rico,  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling,  storing,  exposing  or 
offering  it  for  sale  therein,  as  or  under  the  name  of  bread,  if  it  is  sour  or  bitter  or  in 
any  way  unwholesome,  or  is  the  product  of  unclean,  sour  or  unwholesome  flour,  or 
of  flour  whose  condition  is  such  as  to  render  it  liable  to  injure  or  seriously  affect 
health  if  used  as  food,  or  if  it  contains  more  than  50  per  cent  of  water,  less  than  0.3 
per  cent  or  more  than  2  per  cent,  of  ash,  or  if  it  is  adulterated  in  any  way  within  the 
meaning  of  this  term  as  herein  defined. 

Butter. 

STANDARD    BOB    "PUREn    BUTTER 

No  article  can  l>e  sold,  stored,  offered  or  exposed  for  sale,  nor  can  it  be  transported 
in  or  into  PortO  Rico  with  the  purpose  of  selling,  storing,  exposing,  or  offering  it  for 
sale  therein  as  or  under  the  name  of  pure  butter,  that  contains  less  than  80  percent 
of  butter  fat  or  more  than  Hi  percent  of  water,  or  7  percent  of  salt,  and  the  sale  of  any 
article  as  or  under  the  name  of  butter  that  contains  any  fat  other  that  of  the  cow  is 
prohibited,  but  this  prohibition  does  not  extend  to  t he  sale  of  goat's  butter  produced 
in  PortO  RICO,  provided,  that  every  vessel  containing  SUCh  for  the  purpose  of  sale,  be 
marked  by  means  of  letters  not  Less  than  one  half  inch  in  heighth,  and  so  placed  as 
to  be  readily  visible  and  easily  legible,  "goat's  butter." 

STANDARD    FOB    BUTTER    MARKED    "SUPERIOR,"    "GENUINE,"    BTC, 

No  article  can  be  sold  or  stored,  exposed  or  offered  tor  sale,  nor  can  it  he  trans 

ported    in   or   into  the   island   of  Porto  Pico  with   the   purpose  of  selling  or  storing, 

exposing  or  offering  it  tor  sale  as  or  under  the  name  of  Superior,  Genuine,  Good, 
Family,  Excellent  or  Creamery  Butter  or  under  any  other  name  of  similar  import 

that  contains  less  than  70  percent  of   butter  fat  or  more  than  20  percent  of  water  (by 

weight ). 

No  article  can  besold,  stored,  exposed  or  offered  for  sale  in  Porto  Rico,  nor  can  it  be 
i  ransported  in  or  into  said  island,  with  the  purpose  of  selling,  storing,  exposing  on  iffer 
ing  it  for  sale  therein,  as  or  under  the  name  of  Butter,  or  under  anj  name  of  which  the 

name  butter  forme  a  part,  if  it  contains  any  foreign  matter  u  hatsoewr  ot  her  than 
harmless  coloring  material  mile--,  a  notice  that  the  same  i-    "  impure  "  or  -'mixed  " 

i>e  printed,  painted,  stamped  or  otherwise  placed  upon  every  vessel  containing  such 

mixed  01  impure  Substance,  BUCh  notice  to  he  expressed  by  mean-  "I  letters  not  less 
than  one  half  inch  in  heighth  and  so  placed  as  to  he;  readily  visible  and  easily  legible. 


porto   Rico.  559 

"renovated"  ok  "process"   butter. 

No  article  can  be  sold  or  stored  exposed  or  offered  for  sale  in  Porto  Rico:  nor  can 
it  be  transported  in  or  into  said  island  with  the  purpose  of  storing,  selling,  exposing 
or  offering  it  for  sale  therein,  as  or  under  the  name  of  butter,  or  under  any  name  of 
which  the  word  Butter  forms  a  part,  if  in  the  manufacture  or  preparation  of  said 
article  there  has  been  employed  any  process  by  which  the  article  has  been  melted, 
clarified  or  refined  and  made  to  appear  as  or  like  genuine  butter,  unless,  upon  each 
roll,  package  or  vessel,  or  envelope  of  any  kind  containing  it,  for  the  purpose  of  sale, 
&c,  there  be  printed,  [tainted,  stamped  or  otherwise  placed  the  words  "process" 
butter  or  the  words  "renovated"  butter  expressed  by  means  of  letters  not  less  than 
one  half  inch  in  heighth  and  so  placed  as  to  be  readily  visible  and  easily  legible,  and 
the  letters  of  the  words  "renovated"  and  "process"  must  be  in  all  cases  larger  than 
the  letters  of  any  other  word  appearing  on  the  label. 

(  'UEE8E. 

For  the  purposes  of  this  regulation  the  word  "Cheese"  shall  be  understood  t<. 
mean  the  food  product  known  as  cheese  and  which  is  made  from  milk  or  cream 
without  the  addition  of  any  butter  or  other  animal,  vegetable  or  other  oils  or  fat 
foreign  to  such  milk  or  cream  and  with  or  without  additional  coloring  matter. 

Every  article  that  is  sold,  stored,  exposed  or  offered  for  sale  in  Porto  Rico,  or  that 
is  transported  in  or  into  said  island,  with  the  purpose  of  Belling,  storing,  exposing  <>v 
offering  it  for  sale  therein,  as  or  under  the  name  of  "Cheese"  or  ol  "cream  ehi 
that  contains  less  than  30  percent  of  butter  fat,  or  that  contains  any  injurious  or 
unwholesome  ingredient,  or  that  d<>v>  not  conform  in  all  respects  to  the  standard 
above  established,  will  be  considered  to  be  adulterated:  Provided,  that  nothing  in 
this  regulation  shall  be  deemed  to  prohibit  the  sale  of  cheese  made  of  pure  milk  and 
that  contains  not  less  than  L5  percent  of  butter  tat,  no  unwholesome,  unclean  or  inju- 
rious  ingredient,  and   that    is  [narked   "half-skim  cheese/'  by   means  of   letters   not 

less  than  one  inch  in  heighth  and  so  placed  on  the  cheese  or  the  vessel  or  envelope 

containing  it  s.  i  a-  to  he  readily  visible  and  easily  legible. 

Nor  shall  anything  in  this  regulation  he  held  to  prohibit  the  sale  of  such  cheese 
Bfl  IS  made  of  pure  -kirn  milk,  that  contains  not  less  than  10  percent  of  butter  Eat,  no 
unclean  unwholesome  or  injurious  ingredient,  and  that  is  marked  "skim  chei 

the  WOlds   "Skim  Cheese"  expressed   by  means  of  letters  not   less  than  one  inch   in 

heighth  and  so  placed  on  the  cheese  or  on  the  vessel  or  envelope  containing  it  for 

the  purpose  of  aale,  Ac.,  bo  a-  to  be  plainly  visible  ami  easily  legible. 

Nothing  in  the  above  shall  be  deemed  to  apply  to  "edam"  "  brickstein,"  "pine- 
apple," "limburger,"  ">ni^  or  haml  made  cheese"  (nol  made  by  the  "Cheddar" 
Provided,  that,  these  conform  in  all  respect-  t<>  the  standard  established  tot 
their  respective  class. 

Everj  article  manufactured,  stored,  sold,  exposed  or  offered  for  sale,  in  Porto  Rico, 
or  transported  in  or  into  the  -aid  island  for  the  purpose  of  storing,  selling,  exposing 
or  offering  it   for  Bale  then -in  as  or  under  the  name  of  "cheese"  alone  u  ith  no  other 
word  or  word-  descriptive  of  its  class  or  quality,  will  be  considered  as  cream  cl 
and  if  found  to  differ  in  anj  respect  from  the  type  established  above  for  such  i 
.  .  will  be  considered  to  be  adulterated. 

No  article  can  be  manufactured  in  Porto  Rico  with  the  purpose  of  selling  il 
under  the  name  of  Cheese  or  under  any  name  of  which  the  word  "cheese"  forms  a 
part,  if  it  i-  made  of  Impure,  unclean  or  unwholesome  milk,  or  if  it  is  in  such  ■  con- 
dition, or  if  its  composition  Is  such  as  to  make  it  repulsive  or  liable  t..  injure  the 

health  of  an\  one  using  it  a-  f00<L 


560  FOODS  AND  FOOD  CONTROL. 

ALL    CHEESE    MADE    IN    PORTO    RICO    MUST    BE    PROPERLY    MARKED. 

No  article  manufactured  in  Porto  Rico  that  is  to  be  sold  or  stored  or  offered  or 
exposed  for  sale  as,  or  under  the  name  of  "cheese,"  can  be  so  sold,  stored,  transported, 
exposed,  or  offered  for  sale  therein  as  or  under  the  name  of  "cheese"  or  under  any 
name  of  which  the  word  "cheese"  forms  a  part  unless,  said  article  is  free  from  all 
harmful  or  deleterious  substances,  and  from  all  unclean  or  repulsive  substances,  and 
unless,  such  article  is  kept  for  the  purpose  of  sale  or  of  storing,  transporting,  exposing 
or  offering  it  for  sale  in  suitable  vessels  which  shall  be  marked  with  the  word  cheese 
in  Spanish  immediately  followed  by  the  words  (expressed  in  Spanish)  made  in  Puerto 
or  Porto  Rico,)  the  words  "made  in  Puerto  (or  Porto)  Rico"  to  be  expressed  by  means 
of  letters  not  less  than  one  inch  in  heighth,  and  in  all  cases  must  be  larger  than  any 
other  letters  appearing  on  the  label,  and  must  be  readily  visible  and  easily  legible. 

Cocoa. 

N<»  article  can  be  sold  or  offered  for  sale  in  Porto  Rico  nor  be  stored,  exposed  or 
offered  for  sale  therein  or  be  transported  in  or  into  said  island  with  the  purpose  of 
selling  it  or  of  offering  it  for  sale,  or  of  storing  or  exposing  it  for  sale  as  under  the 
name  of  cocoa  if  it  contains  more  than  17.5  per  cent  of  water  or  13 per  cent  of  Starch, 
or  less  than  40  per  cent  of  cocoa  butter  or  1  per  cent  of  Theobromine. 

But  these  prohibitions  do  not  extend  to  the  sale  of  "essence  of  cocoa,"  "soluble 
cocoa,"  "extract  of  cocoa"  etc.,  generally  known  to  be  mixtures  of  Cocoa  with 
starch,  Bugar,  etc.,  or  to  cocoa  deprived  of  a  portion  of  the  cocoa  fat  or  butter  normally 
or  naturally  occurring  in  it,  Provided,  That,  upon  every  package,  parcel  or  vessel  of 
any  kind  containing  it  for  the  purpose  of  sale,  or  offer  or  exposure  for  sale,  there  be 
printed,  painted,  stamped  or  otherwise  placed,  the  words  "cocoa  essence.-'  or  the 
word-,  "cocoa  extract,"  or  the  words  "soluble  cocoa,"  or  other  appropriate  words 
that  will  truly  and  plainly  reveal  the  true  and  exact  nature  of  the  substance  con- 
tained therein,  and  expressed  by  means  of  letters  not  less  than  one  third  of  an  inch 
in  height;  and  in  all  cases  the  letters  of  the  words  "essence."  "extract."  "soluble," 
etc.,  must  be  larger  than  the  letters  of  any  other  word  appearing  on  the  label,  ami 
must  be  so  placed  as  to  be  readily  visible  and  easily  legible. 

None  of  the  preparations  above  mentioned  can  contain  leas  than  20  per  cent  of 
cocoa  butter,  nor  have  an  "acid  equivalent"  greater  than  that  corresponding  to  IS 
cubic  centimetres  of  a  deci-normal  acid,  nor  be  adulterated  in  any  respect  within  the 

meaning  of  this  term  as  herein  defined. 

COFFE] 

\'o  article  can  be  sold,  stored,  exposed  or  offered  tor  sale,  nor  be  transported  in  or 
into  Porto  Rico  with  the  purpose  of  selling,  storing,  exposing  or  offering  it  for  -ale 
as  or  under  the  name  of  coffee  thai  (being  toasted)  contains  less  than  0.66  per  cent 

of  ( 'affein  «>r  more  than  •">  per  cent  of  ash  or  I  I  per  cent  of  water. 

If  it  is  toasted,  it  must  contain  not  less  than  0.65  percent  of  Caffein.  26  percent  of 

extract  soluble  in  water  (boiling),  no1  more  than  5.25 per  cent  of  ash,  or  i  per  cent 

of  w  at  ii 

1 1  toasted  and  lintoasted  coffee  must  be  free  from  adulteration  within  the  mean- 
ing of  t his  term  as  defined  in  these  regulatioi 

CONDITIONS    QNDKH    WHICH    MIXTURES   01    OOITKl    JHTH  OTHER  8UBBTANCBB  MAI    BS  SOLD. 

Substitutes  of  Coffee,  such  as  Chickory,  Hediona  seeds,  etc.  may  be  sold  mixed 

with  coffee,  Provided,  That  upon  ev<  i  I  containing  such  mixture  for  the  pur- 

of  sale  there  be  printed,  painted,  stamped  or  otherwise  placed,  the  following 

.xpre~~i-.n-rc.ifee  with  chickory,  coffee  with  hedionda,  etc.,  according  to  the  nature 


PORTO    RICO.  561 

of  the  mixture,  these  words  being  expressed  by  means  of  letters  not  less  than  one 
half  inch  in  height,  the  letters  of  the  name  or  names  of  the  ingredients  other  than 
coffee  being  in  all  cases  larger  than  any  other  letters  appearing  on  the  label;  and  all 
of  them  so  placed  as  to  be  easily  visible  and  readily  legible. 

No  article  made  so  as  to  resemble  natural  Coffee,  and  made  for  the  purpose  of  sale 
as  Natural  Coffee  can  be  so  sold  or  offered  for  sale,  stored  or  exposed  for  sale  nor  be 
transported  in  or  into  the  Island  of  Porto  Rico  with  the  purpose  of  selling  storing, 
exposing  or  offering  it  for  sale  as  natural  Coffee. 

No  article  can  be  sold  or  offered  for  sale,  or  be  stored  or  exposed  for  sale,  or  be 
transported  in  or  into  Porto  Rico  with  the  purpose  of  selling  or  storing,  exposing  or 
offering  it  for  sale  therein  as  or  under  the  name  of  Coffee,  if  it  contains  any  sub- 
stance not  naturally  occurring  in  it:  Provided,  That  this  prohibition  shall  not  extend 
to  the  sale  of  those  mixtures  of  Coffee  with  other  substances  recognized  as  coffee 
substitutes  (as  has  been  provided  for  herein),  nor  to  the  sale  of  coffee  "faced"  or 
colored  with  a  reasonable  amount  of  harmless  material. 

The  prohibition  of  the  sale,  transportation,  offer  or  exposure  for  sale  will  also 
extend  to  all  coffee  that  has  been  deprived  in  any  way  of  its  natural  or  normal 
virtues. 

Confectionery. 

No  article  can  be  sold,  stored,  offered  or  exposed  for  sale  in  Porto  Rico,  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling,  storing,  exposing  or 
offering  it  for  sale  therein,  as  or  under  the  name  of  candy,  confectionery,  sweet  meat, 
&c,  if  it  contains  or  is  colored  with  any  of  the  following  sul 'stances:  aniline  colors 
(except  those  that  are  free  from  arsenic)  Arsenic,  Antimony,  Tin,  Lead,  Mercury. 
Copper,  Cadmium,  Uranium,  Terra  alba,  Chalk,  (mineral  substances  of  any  kind,) 
poisonous  extracts  or  essences,  alcohol  or  any  substances  generally  recognized  as 
injurious  or  deleterious  to  health:  nor  can  any  candy,  confectionery,  -weet  meat-. 
etc.,  be  sold,  etc.,  if  they  are  adulterated  in  any  way  within  the  meaning  of  this  term 
as  defined  in  these  regulations. 

Drugs 

The  word  "drug"  as  used  in  these  regulations  will  include  all  medicines  and  medic- 
inal preparations,  for  interna!  or  external  use,  that  are  official  in  any  Pharmacopeia 

recognised  as  authority  in  Porto  Rico  at  the  time  of  the  investigation. 

DEFINITION    "i      \  dm  i  i  i;  \  i  i.  >\     WD    MISBRANDING    OF    DRUGS. 

For  the  purposes  of  these  regulations,  a  drug  will  be  considered  to  be  adultered  in 
the  following  cases: 

(1)  If  it  .lifters  from  the  standard  of  identity,  quality,  strength,  or  purity  as 
described  in  the  Pharmacopoeia  of  the  country  from  which  it  comes  or  pretends  to 
come,  official  at  the  time  of  the  investigation. 

If  it  differ-  in  any  respect  from  any  declaration,  written  or  verbal,  made  by  one 
selling  it  in  regard  to  its  identity,  kind  quality  or  strength. 

For  the  purposes  of  these  regulations  ■  drug  -hall  be  deemed  to  be  misbranded  in 
the  follow  ing  cast  - 

i     If  it  is  an  imitation  or  is  offered  for  sale  under  the  name  of  another  article, 
if  "ii  the  vessel,  snapper  or  envelope  containing  it.  there  is  anj  false  state- 
ment in  regard  to  its  Ingredients  «>r  composition,  or  in  regard  to  the  place  in  which 
it  iras  manufactured  or  prepared,  or  from  which  it  was  secured. 

I"i  oi  it. 

N"  article  can  be  sold,  stored,  exposed  or  offered  for  sale  nor  can  it  be  transported 
in  oi-  into  Porto  Etioo  s  ith  the  purpose  of  selling  it,  or  of  storing,  exposing  or  offering 
L8621     No.  09,  pi  7—08 l' 


562  FOODS    AND    FOOD    CONTROL. 

it  for  sale  therein  as  or  under  the  name  of  wheat  flour  or  wheat  meal  or  under  any 
name  of  like  import,  if  it  is  wholly  or  in  part  the  product  of  unsound  or  unclean 
wheat,  or  if  it  is  wholly  or  in  part  flour  that  contains  any  unclean  or  deleterious  sub- 
stance, or  if  it  is  wholly  or  in  part  flour  other  than  that  of  wheat,  or  if  it  is  wholly 
or  in  part  flour  whose  condition  is  such  as  to  make  its  use  as  food  liable  to  cause 
injury  to  health,  or  if  it  is  wholly  or  in  part  wheat  that  contains  worms,  flies,  bugs 
or  insects  of  any  kind  or  if  it  contains  more  than  14  percent  of  water,  less  than  0.3 
percent  or  more  than  2  percent  of  ash,  less  than  10  percent  of  moist  gluten  or  5  per- 
cent of  dried  gluten,  or  that  is  adulterated  in  any  way  within  the  signification  of  this 
term  as  defined  in  these  regulations. 

SALE    OF    MIXED    FLOURS  AXI)    BLENDED    FLOURS   PERMITTED    UNDER    CERTAIN    CONDITIONS. 

The  sale  of  mixtures  of  wheat  flour  with  flour  of  other  origin  or  of  wheat  flour  of 
different  kinds  is  not  prohibited,  Provided,  that  upon  each  barrel,  sack,  bag  or  vessel 
containing  each  for  the  purpose  of  sale,  there  be  painted,  printed,  stamped  or  other- 
wise placed  the  words  "mixed  flour"  or  blended  flour  expressed  by  means  of  letters 
not  less  than  one  inch  in  heighth,  the  words  "mixed"  and  the  word  "blended" 
being  in  all  cases  expressed  by  letters  larger  than  the  letters  of  any  other  word 
appearing  on  the  label  or  vessel,  and  so  placed  as  to  be  readily  visible  and  easily 
legible,  and  the  whole  accompanied  by  the  name  and  direction  of  the  manufacturer 
or  packer. 

Neither  is  the  sale  of  flour  of  an  inferior  quality  prohibited  provided,  that  every 
barrel,  bag,  sack  or  other  vessel  containing  such  be  marked  with  the  word  "flour" 
immediately  followed  by  the  word  "second  class"  or  "third  class"  as  the  case  may 
be,  so  as  to  plainly  and  clearly  show  that  the  flour  is  of  an  inferior  quality:  the  words 
"second  class,"  "third  class,"  &c,  must  be  expressed  by  means  of  letters  not  less 
than  one  inch  in  heighth,  and  so  placed  as  to  be  readily  visible  and  easily  legible, 
and  the  letters  of  the  words  "second  class,"  "third  class"  &c,  must  be  lamer  than 
any  other  letters  appearing  on  the  label. 

Every  article  sold,  offered  exposed,  &c.,  for  sale  as  flour,  with  no  other  word  or 
words  describing  its  class  or  quality,  will  be  considered  to  be-  sold  as  good  wheat 
flour:  and  if  found  to  differ  from  the  standard  established  for  such,  will  be  considered 
to  be  adulterated. 

AHOVK   BEGULATION8    APPLICABLE  TO    Fl.oru   OTHER   TflAB    that   01    WOTAT. 

All  of  the  prohibitions  above  will  apply  to  the  sale,  Ac.  oi  flour  other  than  that  of 

wheat,  in  BO  bras  they  apply  (1)  to  the  sale  of  mixed  th.ur  (2)  to  the  sale,  &c.  of 
flour  containing  unclean  or  deleterious  substances,  or  bugs,  worms  or  in-ecK  or  that 
IS  in  an  unsound  or  unclean  condition,  or  that  is  the  product  of  unsound  or  unclean 
grain  or  of  grain  thai  h;is  been  fumigated  or  treated  with  any  chemical  Bubstance. 
The  sale  or  offer  for  sale  of  any  mixture  of   flours   under  the   name  of  anv  ingredient 

of  the  same  is  prohibited. 

Tia  1 1   Pbodu<  ra 

\i:tii  n  I  \  I,   JELLIES,  JAMS,   PB1  5BBT  I  B,    I 

No  article  can  be  Bold,  stored,  or  exposed  or  offered  for  sale,  nor  be  transported  in 

or  into  Porto  Rico  with  the  purpose  of  selling  it  or  storing,  exposing  or  offering  it 

le  therein,  as  or  under  the  name  of  fruit,  jelly,  jam,  preserves,  4c,  or  nuclei-  a 

name  of  like  impor*,  and  thai  is  made  of  dextrine,  Btarch,  glucose,  or  of  any  Bub- 

Btance  or  Bubstancea  similar  to  these,  unless  such  jellies,  jams,  preserves,  Ac.,  are 

free  from  all   injurious  and  deleterious  BUbstanceS  and   unless  U] each  can,  bottle, 

cask,  bucket,  or  other  vessel  containing  them  for  the  purpose  of  sale,  there  be  printed, 
painted,  stamped,  or  otherwise  placed  the  expression  imitation  unit  jelly,  imitation 


PORTO   RICo.  563 

fruit  jam,  preserves,  &e\,  (according  to  the  nature  of  the  article)  or  other  appropriate 

expression  which  will  state  clearly  and  distinctly  that  the  article  is  an  imitation  or 
artificial  one.  The  words  describing  the  article  must  be  nol  less  than  one  half  inch 
in  heighth,  and  the  letters  of  the  words  "  Imitation  "  must  be  in  all  cases  larger  than 
the  letters  of  any  other  word  appearing  on  the  label,  and  must  be  so  placed  as  to  be 
easily  visible  and  readily  legible. 

juh 

No  article  containing  any  unwholesome  <  >r  poisonous  ingredient  can  be  sold,  stored, 
exposed  or  offered  for  sale,  nor  be  transported  in  or  into  Porto  Rico  with  the  purpose 
of  selling  or  storing,  exposing  or  offering  it  for  sale  therein,  as  or  under  the  name  of  a 
natural  or  artificial  juice  of  fruit  or  under  any  name  that  would  induce  a  purchase] 
of  the  same  to  believe  it  to  be  an  artificial  or  natural  juice  of  fruit:  nor  can  any  arti- 
ficial juice  of  fruit,  although  free  from  all  unwholesome  and  poisonous  ingredients, 
sold,  stored,  offered  or  exposed  for  sale  or  be  transported  in  or  into  Porto  Rico 
with  the  purpose  of  selling,  storing,  offering  or  exposing  it  for  sale  therein,  unit 

Ld  under  its  true  name  as  an  artificial  juice  of  fruit,  and  unless,  upon  every 
vessel  containing  such  for  the  purpose  of  Bale,  &c.,  there  be  printed,  painted,  stamped 
or  otherwise  placed,  the  words  ''imitation  juice  of"  followed  immediately  by  an 
appropriate  word  expressing  the  true  name  of  the  fruit  of  w  hose  juice  it  is  an  imita- 
tion, the  word  "imitation"  being  expressed  by  means  of  letters  not  less  than  one 
half  inch  in  heighth  and  must  be  in  all  case-  larger  than  the  letters  of  any  other 
word  appearing  on  the  label,  and  followed  by  the  name  and  address  of  the  manufac- 
turer, bottler,  Ac. 

Honey. 

No  article  can  be  sold  or  offered  for  Bale,  Or  stored  or  exposed  for  sale  or  be  trans- 
ported in  or  into  Porto  Rico  with  the  purpose  of  selling  it  or  of  offering,  storing  or 
exposing  it  for  sale  therein,  as  or  under  the  name  of  honej  thai  is  not  entirely  the 

product  of  the  apis  mellifica,  or  that  contains  more  than  26  percent  of  water,  less 
than  60  percent  of  total  glucoses,  more  than  0.75  percent  of  ash,  or  that  is  adulterated 
in  any  way  within  the  meaning  of  this  term  a-  defined  in  these  regulation.-.  P.ut 
this  prohibition  shall  not  extend  to  the  sale  of  artificial  honey  or  compound  honey, 
provided  that,  upon  every  vessel  containing  such  for  the  purpose  of  Bale,  «\c  there 
be  printed,  painted,  stamped  or  otherwise  placed,  the  phrase  artificial  honey,  or 
compound  honey  or  other  appropriate  expression,  which  shall  show  clearly  that  the 
article  so  marked  is  an  artificial  one,  such  phrases  expressed  by  means  of  letter-  not 

I-—  than  half  an  inch  in  heighth  and  BO  place!  as  to  be  easily  visible  and  readib 
legible,  and  in  all  cases  the  letter-  of  the  words  "  artificial. "  "  compound  "  iVc.  mu-t 

be  larger  than  the  letters  of  any  other  word  appearing  on  the  label,  and  must  be 
accompanied  by  the  names  of  the  ingredients  and  the  name  and  address  of  the  man- 
ufacturer, canner,  bottler,  Ac 

L  LSD. 

BTAKDA&n     I  oi;     '■   |'l    |;|    "     I    w;l>. 

No  article  can  be  sold  or  offered,  stored  oi  exposed  for  sale,  nor  transported  in  or 
into  tie-  Island  of  Porto  Rico  with  the  purpose  of  Belling  orof  offering,  storing  oi 
exposing  it  for  -ale  therein  as  or  under  the  name  of  "  lard.'"  that  contains  an)  fal 
other  than  that  of  the  hog:  and  an}  article,  sold  a-  lard,  and  that  contains  fan>  "t 
oily  substance  other  than  thai  derived  from  the  hog,  or  that  contains  an)  hi  >>i  a 
diseased  or  sick  hog,  or  of  a  hog  that  has  fed  on  an)  Bubstance  that  would  tend  to 
make  the  lard  derived  from  such  unwholesome  or  deleterious,  or  (thai  i-  in  part  or 
wholly  lard)  that  contains  more  than  i  percent  of  water,  will  be  considered  to  be 
adulterated. 


564  FOODS    AND    FOOD    CONTROL. 

"compound"  or  "mixed"  lard  and  similar  artici.ks  mist    be  properly  marked. 

No  article  can  be  Bold,  stored,  offered,  or  exposed  for  sale,  nor  be  transported  in  or 
into  Porto  Rico  with  the  purpose  of  selling  it,  <»r  of  storing,  exposing  or  offering  it  for 
sale  therein  as  an  article  similar  in  its  nature  and  properties  to  genuine  lard,  <»r  under 
any  name  of  which  the  word  lard  forme  a  part,  that  contains  any  fat  other  than  that 
of  the  hog,  unless,  upon  every  roll,  package  or  vessel  containing  such  article  for  the 
purpose  of  sale,  there  be  printed,  painted,  stamped  or  otherwise  placed  the  expres- 
sion "compound  lard,"  "substitute  lard,"  "adulterated  lard,"  or  other  appropriate 
expression  which  shall  correctly  and  plainly  describe  the  nature  of  the  contents  of 
said  vessel,  the  word  "compound,"  "substitute."  "adulterated,"  Ac.,  must  be 
expressed  by  means  of  letters  not  less  than  one  half  inch  in  heighth,  must  be  in  all 
eases  larger  than  the  letters  of  any  other  word  appearing  on  the  label,  and  must  be 
BO  placed  as  to  be  readily  visible  and  easily  legible,  and  followed  by  the  name  and 
address  of  the  manufacturer. 

Milk. 

No  article  shall  be  sold  or  offered,  stored  or  expose,!  tor  sale  in  Porto  Rico,  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling  it  or  of  storing,  expos- 
ing or  offering  it  for  sale  therein,  as  or  under  the  name  of  milk  that  contains  Less  than 
three  ('A  |  percent  of  butter  fat,  less  than  12  percent  of  solids,  or  more  than  88  percent 
of  water,  and  all  milk  that  differs  in  any  respect  from  this  standard  will  be  consid- 
ered to  be  adulterated,  whether  this  difference  is  due  to  natural  or  artificial  causes. 
This  prohibition  will  not  extend  to  the  sale  of  milk  deprived  wholly  or  in  part  of  its 
fat,   Provided,  that  the  purchaser  of  the  same  is  informed  of  this  fact  prior  to  it-  -ale. 

No  article  shall  be  sold  or  stored,  exposed  or  offered  for  sale,  in  Porto  Rico  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling,  storing,  exposing,  or 
offering  it  for  sale  therein,  as  or  under  the  name  of  milk,  for  food,  or  with  the  pur- 
pose of  using  it  in  the  preparation  of  any  article  used  as  food,  if  it  has  been  taken 
from  a  cow  fifteen  days  prior  or  subsequent  to  parturition  or  if  it  consists  wholly  or  in 
part  of  milk  from  a  COW  that  has  fed  or  been  fed  on  distillery  waste  or  on  any  -lib- 
stance  in  a  state  of  fermentation  or  putrefaction  (except  silo  ensilage)  or  on  unclean 
or  unwholesome  substances,  or  on  substances,  that  would  tend  to  make  the  milk  of 
the  cow  feeding  on  the  same  unclean  or  unwholesome:  or  if  it  be  wholly  or  in  pari 
milk  of  a  sick  or  diseased  cow,  or  of  cows  that  have  been  kept  in  an  unhealthy  or 
crowded  condition:  or  if  it  be  wholly  or  in  part  milk  that  has  been  handled  prior  to 
its  delivery  to  the  purchaser,  b)  a  person  suffering  from  an  unclean,  infectious  or  con- 
tagious disease,  or  by  any  person  that  lives  or  associates  with  any  one  having  such 
unclean,  infections  or  contagious  disease:  or  if  it  is  wholly,  or  in  part  milk  taken 
from,  or  sold,  exposed  or  offered  for  sale  in  any  unclean  place,  or  any  place  forming 
a  part  of  an  inhabited  room,  or  any  place  in  which  meat,  vegetables  or  similar  mate- 
rial IS  Stored,  sold  or  offered  for  sale,  or  any  place  w  here  any  bird,  animal  or  reptile 
i^kept:  or  if  it  is  wholly  or  in  pari  milk  that  is  dirty,  unwholesome  sour  or  decom- 
posed, or  milk  from  which  any  normal  COnstituenl  has  been  removed  (except  as  is 
herein  provided  for  |  or  to  which  any  foreign  substance  whatsoever  has  been  added : 

or  if  it  be  milk  that  is  being  transported  or  sold  or  offered  for  sale  from  vessels,  nol 

properly  cleaned,  closed,  and  marked  ;i-  described  hereafter. 

Ever)  person  firm  or  corporation  thai  receives  milk  or  cream  for  the  purpose  oi 

sale,  in  can-,  bottles,  or  other  \  esse  Is  and  t  hat  has  been  transported,  on  any  railroad. 
Steamboat  or  other  DOal  or  vehicle;  w  hen  such  cans,  bottles,  or  other  vessels  are  to 
be  returned  to  the  place  from  which  such  milk  or  cream  was  sent,  must  empty  such 

vessels  before  their  contents  have  bee. ssour,  ami  immediate!)  thereafter,  said  ves- 
sels mn-i  l»e  thoroughly  cleaned  and  aired. 

Every  article  sold  as  milk  will  be  considered  to  be  the  milk  of  the  com  unl 


PORTO    RICO.  565 

statement  to  the  contrary  is  made  to  t lie  purchaser  immediately  before  the  delivery 
of  the  milk  to  the  same. 

Every  article  that  is  sold,  offered,  stored  or  exposed  for  Bale,  in  Porto  Rico,  or  that 
is  transported  in  or  into  said  island  with  the  purpose  of  selling  it  or  of  storing,  expos- 
ing or  offering  it  for  sale  therein,  as  or  under  the  name  of  Milk  in  its  natural  state. 
will  he  considered  to  he  misbranded,  unless,  on  every  vessel  containing  said  milk  for 
the  purpose  of  sale,  there  be  clearly  stamped  or  printed  or  otherwise  placed  1 1  i  the 
name  of  the  owner  of  the  vessel  containing  the  milk,  with  the  address  of  the  same 
or  (2)  the  name  and  address  of  the  legal  agent  or  representative  of  the  said  owner; 
and  for  the  purposes  of  this  regulation,  the  real  owner  of  any  milk  that  is  being  trans- 
ported or  Bold,  stored,  exposed  or  offered  for  sale,  will  be  considered  to  be  he  or  she 
whose  name  appears  on  the  vessel  containing  it. 

CONDBNSXn    MILK     AND    CREAM. 

No  article  can  be  sold  or  stored,  exposed  or  offered  for  sale,  nor  can  it  be  trans- 
ported in  or  into  Porto  Rico  with  the  purpose  of  Belling,  storing,  exposing  or  offering 
it  for  sale  therein,  as  or  under  the  name  of  "condensed"  or  "evaporated"  milk  or 
under  any  name  of  like  import,  if  it  is  wholly  or  in  part  milk  from  which  any  of  the 
normal  or  natural  constituents  of  pure,  unadulterated  milk  have  been  removed  |  w  ater 
excepted)  unless,  upon  each  and  every  vessel  containing  such  article  from  which  any 
normal  or  natural  constituent  other  than  water  has  been  removed,  there  be  printed, 
painted  or  otherwise  placed  the  words  "condensed"  milk  or  "evaporated"  milk, 
followed  immediately  by  the  words  made  from  skimmed  milk  or  made  from  separated 
milk  a>  the  case  may  be.  The  word  "skimmed"  and  the  word  "separated"  must 
be  formed  of  letters  not  less  than  one  third  of  an  inch  in  height,  and  in  all  cases 
these  letters  must  be  larger  than  the  letters  of  any  other  word  appearing  <>n  the  label, 
and  mn.-t  be  so  placed  as  to  be  readibly  visible  and  easily  legible. 

Any  condensed  or  evaporated  milk  or  any  article  sold  as  such,  that  i-  made  from 
milk  other  than  w  hole  milk,  and  is  not  marked  s<»  as  to  clearly  and  plainly  show  this 
tact,  will  be  considered  to  be  misbranded. 

Any  article  sold,  stored,  transported,  exposed  or  offered  for  sale  in  Porto  Rico  under 
the  name  of  "condensed"  or  "evaporated  "  milk  and  that  is  contained  in  an  3  \  esse] 
for  the  purpose  <»t  sale  or  of  Btoring,  exposing  or  offering  it  tor  Bale  in  Porto  Rico,  on 
which  appears  any  word,  sign  or  symbol,  thai  would  tend  to  induce  any  purchase] 
of  the  same  to  believe  it  to  be  of  greater  strength  or  purity  than  it  reallj  is,  will  be 

considered  to  be  mi.-l >ran< led. 

The  above  regulations  referring  to  the  sale.  &C.  of  "condensed  "  or  "evaporated  " 
milk,  will  apply  also,  in  bo  Ear  as  is  possible  to  the  sale,  transportation,  and  offering, 
Ac.  tor  sale  of  "condensed  "  or  "evaporated  "  cream  and  to  all  articles  Bold  under  a 

mime  of  like  import. 

Mol   \  — I  - 

\"  article  can  be  sold,  exposed  I  red  or  offered  for  Bale  in  Porto  Rico,  as  or 
under  the  name  of  molasses,  nor  cam  it  be  t  ransported  in  or  into  said  island  with  the 
purpose  of  bo  Belling  it,  or  of  storing,  exposing  or  offering  it  for  sale  as  or  under  the 

name  of  molaBBOS,   if    it    contains  Baltfl  of  tin,  terra  alba,  or  any  injurious   ingredient 

It'  it  contains  glucose  other  than  that  normally  occurring  in  it.  upon  every  vessel  con- 
taining such  article  forthe  purpose  of  -ale,  must  be  printed. -tamped  or  otherwise 

placed,  the  woid-  "glucOSO   mixture,"  exprOOBOd    by   mean-  of    letters    not    le-s   than 
one  inch  in  height  and  BO  placed   a-   to   he   it  a< lily    legible  and  visible.       For  the  pur- 

"i  this  regulation  the  word  "molasses"  -hall  be  understood  to  mean  the  pure, 
residua]  saccharine  liquid,  obtained  in  the  manufacture  of  crude  cane  sugar,  and  any 
article  -..id  or  offen  d  i"i  -.tie  in  Porto  Rico  or  stored,  01  exposed  tor  -ale  therein,  as 

01  midei  the  name  oi   inula.— e  .  ,.1  that    1-  transported   in  or  into  said   l-land   lor  the 


566  FOODS  AND  FOOD  CONTROL. 

purpose  of  sale  under  the  name  of  molasses  that  contains  any  ingredient  not  nor- 
mally occurring  in  pure  and  unadulterated  molasses,  or  that  contains  any  normal 
ingredient  of  molasses  in  an  amount  in  excess  of  that  normally  occurring  in  pure  and 
unadulterated  molasses,  shall  be  considered  to  be  adulterated. 

( >UYE  Oil. 

No  article  can  be  sold,  offered,  stored  or  exposed  for  sale,  nor  be  transported  in  or 
into  Porto  Rico  with  the  purpose  of  Belling,  Storing,  exposing  or  offering  it  for  sale, 
therein  as  or  under  the  name  of  olive  oil,  that  is  not  entirely  the  product  of  the  fruit 
of  the  Olea  Europea  Saliva,  or  that  has  been  extracted  from  this  by  means  of  heat  or 
of  hot  water  or  vapor  applied  either  directly  to  the  fruit,  or  to  the  press  used  in  its 
extraction  or  that  has  been  obtained  or  separated  from  said  fruit  by  means  of  solvents 
such  as  Bisulphide  of  Carbon,  Petroleum,  Ether,  Benzine  or  other  similar  substances, 
or  that  is  the  product  of  dried,  decayed  or  fermented  olive-. 

Preservatives. 

No  article  of  food  can  be  sold  or  stored,  exposed  or  offered  for  sale  or  transported 
in  or  into  Potto  Rico  with  the  purpose  of  selling  it  or  of  storing,  exposing  or  offering 
it  for  Bale  therein  as  an  article  of  food  if  it  contains  any  of  the  following  substance.-: 
Boric,  benzoic  or  salicylic  acid  or  the  salt  of  either  one  of  these,  formaldehyde,  or 
any  antiseptic  substance  whatsoever  (except  common  salt  and  potassium  nitrate), 
unless,  upon  every  vessel  or  wrapper  containing  articles  of  food  that  has  been  treated 
with  any  antiseptic  substance,  there  he  printed,  painted,  Stamped  or  otherwise 
placed,  the  true  and  proper  name  of  each  antiseptic  substance,  expressed  by  means 
of  letters  not  less  than  one-half  inch  in  height  and  so  placed  as  to  be  easily  visible 
and  readily  legible. 

[f  any  article  of  food  is  found  by  means  of  proper  tests  to  contain  an  antiseptic 
substance  in  addition  to  that  expressed  on  the  label,  it  will  lie  considered  to  be 
adulterated 

Si  GAR. 

r\Ki  1  i\  11.   op,   COW  ftffEBOl  \i     StTG  \H. 

No  article  can  be  sold,  stored,  exposed  or  offered  for  sale  in  Porto  Pico  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling,  storing,  exposing  or 
offering  for  sale  therein,  as  or  under  the  name  of  commercial  or  unrefined  sugar,  if  it 
contains  Less  than  86  per  cent  of  can.  sugar,  or  more  than  5  per  cent  of  water,  6  pei 
.-.•lit  of  <  rlucose,  or  i.r>  per  cent  of  ash,  or  that  contains  Tin  or  its  salts  or  Terra  alba, 
or  thai  is  in  anyway  adulterated  within  the  meaning  of  this  term  as  defined  in  these 
regulations. 

ii  i,i     ok    REFINED  BUG  \K. 

No  article  can  be  sold  or  offered  for  sale,  nor  stored  or  exposed  for  sale,  in  Porto 
Rico,  nor  be  transported  in  or  into  said  island  for  the  purpose  of  -filing  it  orof  offer- 
ing, storing  or  exposing  it  for  sale  .therein  as  or  under  the  name  of  pure  or  refined 

SUgar:   or  under  any  name  of  like  import,  if    it  contains  more  than  one  half    per  cent 

of  foreign  material,  or  any  injurious  or  deleterious  substance:  or  if  it  is  adulterated 

in  any  ua\    within  the  meaning  of   1 1 1 i -  term  ;i-  defined  in  these  regulations. 

Sh  im  p. 

For  the  purposes  of  these  regulations,  the  word  "syrup"  shall  he  undent 1  to 

mean  the  residual,  nccharine  liquid  obtained  in  the  refining  of  cane  sugar,  and  anj 
article  sold  or  stored,  exposed  or  offered  for  sale  in  Porto  Rico,  a-  or  under  the  name 
"i  cane  syrup,  or  that  is  transported  in  or  into  said  island  with  the  purpose  of  sell" 


PORTO    RICO.  567 

ing  it  or  of  storing,  exposing,  or  of  offering  it  foi  under  the  name  of  cane 

syrup  or  under  any  name  calculated  to  induce  any  purchaser  oi  the  same  to  Relieve 
it  to  be  cane  syrup,  ami  that  contains  any  ingredient  not  normally  in  such  syrup, 
or  that  contains  any  ingredient  occurring  normally  in  such  can.-  syrup,  but  in  an 
amount  in  access  of  that  naturally  occurring  in  the  same,  will  be  considered  to  be 
adulterated,  unless,  such  articl<  rom  injurious  or  deleteri<  lients,  and 

unless  upon  every  vessel  containing  such  article  for  the  purr>  .  there  be 

printed,  stamped  or  otherwise  plao  to  be  readily  visible  and  easily  legible, 

the  w^ds  "compound  cane  syrup"  thet  by  means  of 

S  than  half  an  inch  in  height. 
But  any  article  made  in  imitation  of  cane  syru;  - \  ruj ». 

and  not  containing  pure  and  unadulterated  cane  syrup,  in  an  amount  exceeding  the 
total  amount  of  all  other  ingredients  contained  in  said  syrup,  must  be  marked  "arti- 
ticial"  or  "imitation**  cane  Byrup.  The  word  "artificial"  and  th<-  word  •"imita- 
tion" must  lie  ex  pre— ed  by  means  of  letter-  not  Less  than  half  an  inch  in  height, 
and  ti.  -  must  be  larger  than  the  letters  of  any  other  word  appearing  on  the 

label,  and  bo  placed  as  to  be  readily  visible  and  easily  legible. 

Tea. 

No  article  can  be  Bold,  offered,  stored  or  exposed   for  Bale  in   Porto  Rico  nor  be 
transported  in  or  into  said  island  with  the  purpose  of  selling,  offering  or  storing  it  for 
sale  therein,  as  or  under  the  name  of  tea,  that  contains  more  than  7  per  cent  or  less 
than  5  per  cent  of  ash,  of  which  at  least  50  per  cent  must  be  soluble  in  water. 
The  ash  insoluble  in  acid  should  not  exceed  i  percent,  and  that  insoluble  in  water 
er  cent  of  the  weight  of  the  tea;  the  aqueous  should  not  be  lees  than  90 

•  nt  of  the  weight  of  the  tea. 
Neither  can  any  article  be  sold,  stored,  offered  or  exposed  for  Bale,  nor  be  trans- 
I  in  or  into  the  island  of  Porto  Rico  with  the  pui  •  Uing,  storing,  i 

ing  or  offering  it  for  Bale  therein  as  or  under  the  name  of  tea,  that  consists  in  part  or 
wholly  of  leaves  other  than  those  of  the  plant  1  ■  other  variety  <  f  the 

plant  thea.  or  of  leave-  of  a  variety  of  the  plant  thea  that  have  b.  en  deprived  of  their 
natural  virtue-  by  steeping,  decOCtioD  or  by  any  other  mean-  whatsoever,  or  that  i> 
any  way  adulterated  within  the  meaning  of  this  term  as  defined  in  th<  tions. 

Van 

\I  I      \  I\K(.  LBS     Ml'-.  |]  AVDARD. 

No  article  can  be  sold  or  offered  for  -ale.  or  stored  or  exposed  for  -ale  in  I 
Rico,  nor  can  it  be  transported  in  <>r  into  the  said  Island  with  the  pui  •  Lling, 

or  of  offering,  storing,  or  exposing  it  for  salt-  therein  a-  or  under  the  name  of  ••  vine- 
gar," that  does  not  conform  to  the  provisions  of  this  regulation,  as  hereinafti 
forth. 

»  II.KK.     kPPl  I     ■  •!:    ol:i  h  u<l>    ' 

•,  I..-  -old  or  offered,  stored  i 
ported  in  or  into  the  Island  of   Porto  Rico  with  the  pui 

exposing  il  for  sale  therein  as  or  under  the  name  <  rchard  w 

that  i-  not  entirely  the  product  of  the  pure  juice  of  apples    -aid  article  • 

erally  known  a-  rider,  on  hard  or  apple  \  ine-jar     or  that  COntail 

■i  matter  whatever,  proved  by  appropriate  tests,  or  that  contaii 

than  2  per  cent  of  ti,,-  -,iids  of  cider  <"•  apple  vii..  •  complete 

the  temperature  of  boiling  water,  and  ad  such  vinegar  must  contain  not 
nt  of  absolute  acetic  acid,  by  weight. 


568  FOODS  AND  FOOD  CONTROL. 

FERMENTED    VINEGAR. 

All  vinegar  made  by  fermentation  and  oxidation,  without  the  intervention  of  dis- 
tillation, (cider  vinegar  excepted)  must  contain  not  less  than  1.5  per  cent  of  solids 
determined  by  evaporation  at  the  temperature  of  boiling  water,  and  obtained  exclu- 
sively from  the  fruit  or  grain  from  which  said  vinegar  purports  to  be  made;  not  less 
than  0.25  per  cent  of  ash  or  mineral  matter  naturally  occurring  in  said  solids,  not  less 
than  4  per  cent  of  acetic  acid  (absolute)  by  weight,  and  must  be  entirely  the  product 
of  the  fruit  or  grain  whose  name  it  bears. 

DISTILLED    VINEGARS. 

All  vinegar  made  wholly  or  in  part  of  distilled  liquors,  must  be  free  from  coloring 
matter  of  all  kinds,  added  before,  during  or  after  distillation  and  from  all  color  other 
than  that  produced  by  the  distillation  itself. 

No  article  can  be  sold  or  offered  for  sale,  or  stored  or  exposed  for  sale  in  Porto 
Rico,  nor  can  it  be  transported  in  or  into  said  island  with  the  purpose  of  selling  it  or 
of  storing,  exposing  or  offering  it  for  sale  therein,  as  or  under  the  name  of  vinegar, 
if  it  contains  any  product  of  the  destructive  distillation  of  wood,  other  than  water 
and  acetic  acid,  or  that  contains  any  foreign  matter  whatsoever. 

WAY    IN    WHICH    VESSELS    CONTAINING    VINEGAR    ARE   TO    BE    MARKED. 

On  every  vessel  that  contains  vinegar  for  the  purpose  of  storage,  transportation  or 
sale,  there  must  be  marked,  stamped,  printed  or  otherwise  attached  so  as  to  be 
easily  visible  and  readily  legible,  the  following  (1)  the  word  (in  Spanish)  "Vine- 
gar," immediately  preceded  by  an  appropriate  word  indicating  its  class,  such  as 
"cider,"  "malt,"  wine,  etc.,  (2)  a  word  or  words  that  shall  describe  the  process 
used  in  its  manufacture  e.  g.  "  fermented,"  "distilled,"  etc.  (3)  the  name  and  place 
of  business  of  the  manufacturer. 

All  of  these  words  except  those  expressing  the  name  and  address  of  the  manufac- 
turer, must  be  formed  of  letters  at  least  half  an  inch  in  height,  and  must  be  so  placed 
as  to  be  readily  visible  and  easily  legible  throughout  the  time  the  said  vessel  contains 
any  of  the  vinegar. 

RELATIVE    TO    M1SKRANDED    VINEGARS. 

Every  article  sold  or  stored,  exposed  or  offered  for  sale  in  Porto  Rico  or  trans- 
ported in  or  into  said  island  with  the  purpose  <>f  selling,  storing,  exposing  or  offering 
it  for  sale  therein,  as  or  under  the  name  of  "vinegar"  alone,  without  a  word  or 
words  that  describe  its  kind  and  the  general  mode  of  manufacture,  will  lie  consid- 
ered to  he  misbranded. 

Articles  of  Pood  wot  Otherwise  Provided  for  in  the  FoRBoonra  Rbqulatioiib. 

All  articles  of  food  and  drink  not  specifically  provided  for  in  the  foregoing  regula- 
tions must  conform  in  all  respects  to  the  general  regulations  applicable  to  adultera- 
tion and  misbranding,  and  these  will  he  considered  to  be  adulterated  or  misbranded 

BS  the  case  may  he,  it'  they  depart  in  any  respect  from  these  regulations. 


RHODE  ISLAND. 

No  provision  is  made  for  the  enforcement  of  the  food  laws  of  this 
State,  except  in  so  far  as  the  local  inspectors  and  assayers,  whom  the 
city  and  town  authorities  are  authorized  to  appoint,  may  have  author- 
ity to  act. 

GENERAL  FOOD  LAW. 

Sec.  1.  Unwholesome  provisions;  penalty.  Every  person  who  shall  sell  any  kind  of 
diseased,  corrupted,  adulterated  or  unwholesome  provisions,  whether  for  meat  or 
drink,  without  making  the  same  known  to  the  buyer,  shall  be  imprisoned  not 
exceeding  six  months  or  be  fined  not  exceeding  two  hundred  dollars. 

Sec.  2.  Adulteration  of  food  or  drink;  penalty.  Every  person  who  shall  adulterate, 
for  the  purpose  of  sale,  any  substance  intended  for  food,  or  any  wine,  spirits,  malt 
liquor  or  other  liquor  intended  for  drinking,  shall  be  imprisoned  not  exceeding  six 
months  or  be  fined  not  exceeding  two  hundred  dollars. 

Sk<  .  S.  KilUng  calf  not  four  toeeks  old;  penalty.  Every  person  who  shall  kill,  or 
cause  to  be  killed,  for  the  purpose  of  sale,  any  calf  less  than  four  weeks  old,  or  shall 
sell,  or  have  in  his  possession  with  intent  to  sell,  the  flesh  of  any  calf  which  he 
knows  to  have  been  killed  when  less  than  four  weeks  old,  shall  be  fined  not  exceed- 
ing twenty  dollars. 

General  Laws,  1896,  ch.  282,  p.  1005. 

ALCOHOLIC  BEVERAGES 

Bbc.  1.  Assayer  of  liquor*.  The  governor  shall  annually  appoint  a  state  assayer  of 
liquors,  who  may  appoint  as  many  deputies  as  he  may  deem  necessary. 

Bbc.  2.  Duties.  The  assayer  or  his  deputy  shall  analyze  all  spirituous  and  intoxi- 
cating liquors  whenever  required  bo  to  do  by  the  attorney-genera]  or  by  the  sheriff 

of  any  county  or  by  the  chief  of  police  of  any  town  or  city. 

Bat  .  :;.   Salaries.     The  assayer  or  his  deputy  shall   be  allowed  and   paid   from  the 

genera]  treasury  for  each  analysis  and  certificate  the  mho  of  three  dollars. 

Sac  4.  Adulteration,  No  person  shall  sell,  keep  lor  sale  <»r  offer  to  sell  any  impure 
or  adulterated  spirituous  or  intoxicating  liquors,  nor  shall  any  person  sell  or  keep 
for  sale  or  offer  for  sale  any  Liquors  of  quality  inferior  to  what  the  same  are  repre- 
sented to  be. 

".  Penalty.  Every  person  keeping  tor  sale  or  offering  to  sell  or  selling  any 
lienors  in  violation  of  tin-  preceding  section,  shall  be  fined  not  less  than  on.-  hundred 
dolmrs  nor  more  than  three  hundred  dollars  or  be  imprisoned  in  tin-  state  work- 
house and  house  of  correction  for  a  period  not  exceeding  three  months. 

8.  Injurious  adulteration*;  penalty.  Every  person  keeping  for  sale  or  offering 
to  -ell  or  selling  any  spirituous  or  intoxicating  liquors  which  arc  adulterated  with  any 
poison  or  deleterious  ingredients  injurious  to  health,  shall  be  fined  not  i«->->-  than 
three  hundred  dollars  nor  more  than  five  hundred  dollars  or  be  imprisoned  in  the 

state  workhouse  and    hoUSS  of  correction    for  not    lew  than  three   months  nor  more 

than  six  months,  and  upon  the  second  conviction  of  a  violation  of  this  or  of  toy  pre- 
ceding section  of  this  chapter,  the  peraon  convicted  shall  be  sentenced  to  be  both 
fined  and  imprisoned 

•oy 


570  FOODS    AND    FOOD    CONTROL. 

Sec.  7.  Seizure  of  adulterated  liquors.  In  addition  to  the  penalties  hereinbefore 
provided  for  keeping  or  for  offering  for  sale  or  for  selling  impure  or  adulterate' 1 
liquors,  all  such  liquors  and  the  casks,  barrels  or  other  vessels  containing  the  same 
shall  be  forfeited  to  the  state,  and  a  warrant  for  their  seizure  may  issue  upon  com- 
plaint for  keeping  for  sale,  selling  or  offering  for  sale  any  liquors  in  violation  of  the 
provisions  of  this  chapter,  if  such  complaint  shall  charge  that  the  offender  kept  such 
adulterated  or  impure  liquors  for  sale,  and  the  officer  charged  with  the  service  of 
any  such  warrant,  in  addition  to  apprehending  such  offender,  shall  search  the 
premises  and  seize  the  liquors  in  such  warrant  described,  and  hold  such  liquors  to 
abide  the  event  of  the  suit;  and  if  the  accuse.  1  shall  be  found  guilty,  the  said  liquors, 
it  they  shall  be  found  to  be  his,  shall  be  adjudged  to  be  forfeited  to  the  state  and  be 
ordered  to  be  destroyed  under  the  direction  of  the  court  before  which  he  shall  be 
tried;  otherwise,  the  officer  having  the  custody  of  such  liquors  shall  return  them  to 
the  place  from  which  he  took  the  same. 

Sec.  8.  Possession  evidence  of  sale.  The  having  in  possession,  in  a  place  of  business 
or  in  any  place,  building  or  dwelling  where  liquors  are  sold,  of  one  gallon  or 
upwards  of  impure  or  adulterated  liquors  shall  be  evidence  that  such  liquors  are 
kept  tor  sale  by  the  person  in  whose  possession  such  impure  or  adulterated  liquors 
may  be  found. 

9.  False  certificates;  penalty.  Every  assayer  or  deputy-assayer  who  shall  give 
any  false  certificate  of  the  quality  of  liquors  assayed  under  the  provisions  of  this 
chapter  shall  be  imprisoned  three  months. 

Sec.  10.  Gratuities;  penalty.  No  assayer  or  deputy-assayer  appointed  hereunder 
shall  accept  any  reward  or  gratuity  from  any  person  in  any  way  engaged  in  the  sale 
of  liquors,  and  every  such  assayer  or  deputy-assayer  receiving  any  such  reward  or 
gratuity  shall  be  fined  one  hundred  dollars  or  be  imprisoned  not  exceeding  three 
months. 

General  Laws,  L896,  ch.  L51,  p.  459. 

BAKING   POWDERS. 

9ac.  L.  Inspectors.  The  city  of  Providence  shall,  and  the  town  councils  of  the 
several  towns  may,  appoint  an  inspector  of  saleratus,  bicarbonate  of  soda  and  cream 
of  tartar,  for  said  city  and  towns  respectively. 

2.  Tests  and  certificates.  Every  inspector  shall,  whenever  requested,  tesi  any 
of  such  articles  which  shall  be  presented  to  him  tor  inspection,  and  shall  give  his 
certificate  to  any  person  applying  therefor,  whether  said  article  be  impure  or  adul- 
terated, and  for  every  BUCh  certificate  he  shall  be  entitled  to  the  sum  of  two  dollars. 

-M.  .;.  Analyses;  certificate.  Every  inspector  shall,  whenever  requested,  make  an 
analysis  of  any  such  article  which  may  be  presented  to  him  for  that  purpose,  and 
shall  give  his  certificate  to  any  person  w  h<>  shall  apply  therefor,  of  I  he  result  of  such 
analysis,  tor  which  certificate  lie  shall  l»e  entitled  to  the  sum  mi'  i en  dollars. 

Sac.  i  [dulierations ;  penalty.  Every  person  who  shall  Bell  saleratus,  bicarbonate 
■  -I  soda oi  cream  of  tartar,  which  has  been  adulterated  and  thereby  rendered  an 
impure  article,  shall  be  fined  twenty  dollars,  together  with  the  oosl  of  testing  and 

analyzing  BUCh   impure  article;  one-half  of  said   tine  to  the  US6  of  the  city  or  town 

where  sucb  sale  shall  he  made,  and  one-half  thereof,  together  with  the  cost  of  testing 
and  analyzing  such  impure  article,  to  the  use  of  the  person  who  shall  sue  for  the 

same. 

I  leneral  Laws,  L896,  ch.  L38,  p.  ll."-. 


RHODE    I9LAND.  571 

BUTTER. 

I.  Branding  of  butter  tubs.  Every  person  who  shall  make  of  bring  into  the 
state  any  butter  firkins  <>r  tubs  shall  brand  or  mark  each  one  of  the  same  with  the 
weight  thereof  and  with  the  initial  letters  of  his  name,  in  a  plain  and  durable  man- 
ner, before  he  offers  the  same  for  sale. 

Sec.  2.  Sale  without  hnnid  prohibited.  No  person  shall  offer  for  sale  any  butter  by 
the  firkin  or  tub  unless  each  firkin  and  tub  shall  be  branded  or  marked  as  aforesaid. 

S»  .  B.  Penalttj.  Every  person  who  shall  offer  for  sale  any  butter  firkin  or  tub 
before  the  same  shall  be  marked  or  branded  as  required  in  section  one  of  this  chap- 
ter, or  any  butter  by  the  firkin  or  tub,  in  any  firkin  or  tub  not  marked  or  branded 
a-  aforesaid,  or  in  any  firkin  or  tab  which  shall  weigh  more  than  the  mark  or  brand 
on  it,  allowing  two  pounds  additional  for  the  brine  absorbed  by  the  same,  -hall  for- 
feit five  dollars,  unless  there  shall  be  a  special  contract  in  relation  to  the  kind,  quan- 
tity and  quality  of  the  article  sold. 

.  4.  Branding  of  oleomargarine.  Every  person  who  -hall  manufacture  for  sale 
or  who  shall  offer  or  expose  for  sale  any  article  or  substance  in  semblance  of  butter, 
not  the  legitimate  product  of  the  dairy,  and  not  made  exclusively  from  milk  or 
cream,  but  into  which  the  oil  or  fat  of  animals,  not  produced  from  milk,  enters 
component  part,  or  into  which  melted  butter  or  any  oil  thereof  has  been  introduced 
to  take  the  place  of  cream,  shall  distinctly  and  durably  stamp,  brand  or  mark  upon 
the  top  and  side  of  every  tub,  firkin,  box  or  package  qf  such  article  or  Bubstance  the 
word  oi.kom akoakixk,  in  letters  at  least  one-half  inch  in  length;  and  in  case  of  retail 
sale  of  such  article  or  substance  in  parcels,  the  seller  shall  in  all  cases  deliver  there- 
with to  the  purchaser  a  written  or  printed  label  bearing  the  plainly  written  or 
printed  word  OLBOKABGABINX;  and  every  sale  of  such  article  or  substance  not  -■> 
stamped,  branded,  marked  or  labeled,  shall  be  unlawful;  and  no  action  shall  be 
maintained  in  any  of  the  courts  of  the  state  to  recover  on  any  contract  for  sale  >^ 
any  such  article  "i'  substance  not  bo  stamped,  branded,  marked  or  labeled. 

Sao.  5.   Penally;  evidence.     Every  person  who  shall  knowingly  sell  orofferto  Ball 
or  expose  for  sale  or  have  in  his  possession  with  intent  to  sell,  contrary  to  the   pro 
visions  of  this  chapter,  any  of  the  said  article  or  Bubstance  required  by  Bection  tour 
of  this  chapter  to  be  stamped,  branded,  marked  or  labeled  as  therein  stated,  or  in 

CaS<    "i  retail  sale  w  ithoul  delivery  of  the  label  required  by  section  lour  of  this  chap- 
ter, shall  for  each  -uch  <»ffeiice  be  fined  one  hundred  dollars;   One-half  thereof  to  the 

OSS  of  the  complainant  and  one-half  thereof  to  the  086  of  the  Mate;  and  on  trial  of 

such  offence,  proof  of  tin-  -ale  orofferto  -ell  or  of  the  exposure  for  sale,  shall  be 
evidence  of  knowledge  of  the  character  of  the  article  bo  sold  or  offered  orex] 

and  of  knowledge  that  the  same  was  not  marked,  branded,  stamped  or  labeled  as 
required  bj  t hi-  chapter. 

<  reneral  Law-.  L896,  ch.  L46,  p.  161. 

3ac.  l.  \'o  pci-. .ii  or  corporation  -hall  by  himself,  hi-  servant  or  agent,  or  as  the 
servant  oi  agent  of  any  other  persoa  or  corporation,  manufacture  for  sale  or  know- 
ingly Bell,  or  offer  lo  -ell   any   cand\    adulterated   by   the  admixture  of  terra  alba. 
tea,  talc  of  any  Other  mineral  -ub-tance.  by  poisonOUB  Colon  01  flavors   <■!   other 

ingredients  deleterious  or  detrimental  to  health.     Lnj  person  violating  any  of  the 
provisions  of  this  section  shall  be  for  every  offense  fined  not  less  than  fifty  dollar! 

nor  more  than  two  hundred  dollar-,  and  any  <and\  B0  adulterated  -hall    06  forfeited 

and  destroy  ed. 

Public  Law-,  1896,  ch.  350,  p 


572  FOODS  AND  FOOD  CONTROL. 

MILK 

S»  .  1.  Milk  to  be  sold  by  sealed  voine-measun ;  penalty.     Milk  shall  be  sold  by  w  ine- 

measure,  and  all  measures  used  in  the  sale  of  milk  shall  lie  sealed  by  the  -ealer  of 
weights  and  measures  of  the  town  where  the  person  so  using  the  same  shall  usually 
reside,  or  of  the  town  where  such  milk  shall  be  measured  for  use;  and  every  person 
violating  the  provisions  of  this  section  shall  be  lined  ten  dollars  for  each  offence. 

Sec.  2.  Inspectors  of  milk.  The  mayor  and  aldermen  of  any  city,  and  the  town 
council  of  any  town,  may  annually  elect  one  or  more  persons  to  be  inspectors  of  milk 
therein,  who  shall  be  engaged  to  the  faithful  discharge  of  the  duties  of  their  office. 
Every  such  inspector  shall  give  notice  of  his  election  by  publishing  notice  thereof  for 
two  weeks  in  some  newspaper  published  in  the  city  or  town  for  which  he  shall  be 
appointed;  or,  if  no  newspaper  be  published  therein,  by  posting  up. such  notice  in 
two  or  more  public  places  in  such  city  or  town:  Provided,  that  the  mayor  and  alder- 
men  of  the  city  of  Providence  shall  annually,  in  the  month  of  August,  elect  such 
person  or  persons  to  be  inspectors  of  milk,  and  may,  at  any  time  during  the  year 
thereafter,  rill  by  election  any  vacancy  occurring  by  reason  of  death,  resignation, 
absence  from  the  city,  or  inability  to  act. 

Sec.  .'i  Dude*  and  compensation  of  inspectors.  Every  inspector  of  milk  shall  have 
an  office  and  a  book  for  the  purpose  of  recording  the  names  and  places  of  business 
of  all  persons  engaged  in  the  sale  of  milk  within  the  limits  of  his  town.  He  may 
enter  any  place  where  milk  is  stored  or  kept  for  sale  and  examine  all  carriages  used 
in  the  conveyance  of  milk,  and  whenever  lie  has  reason  to  believe  any  milk  found  by 
him  is  adulterated,  he  shall  take  specimens  thereof  and  cause  the  same  to  be  analyzed 
or  otherwise  satisfactorily  tested,  the  result  of  which  he  shall  record  and  preserve  as 
evidence;  and  a  certificate  of  such  result,  -worn  to  by  the  analyzer,  shall  he  admis- 
sible in  evidence  in  all  prosecutions  under  this  chapter.  Such  inspector  shall  receh  e 
such  compensation  as  the  mayor  and  aldermen  or  town  council  shall  determine. 

Sec.  4.  Sampling  of  suspected  milk.  Whenever  the  inspector  of  milk  shall  have 
reason  to  believe  that  adulterated  produce  or  food  is  being  sold  or  kepi  for  Bale  con- 
trary to  law,  he  shall  take  at  least  two  specimens  from  the  same  package  or  hulk  as 
sample-  thereof,  such  Bpecimens,  if  solid,  not  to  exceed  in  weight  one  pound  each. 
and,  illiquid,  not  to  exceed  in  measure  one  pint  each,  lie  shall  take  said  sample- 
in  the  presence  of  the  owner  or  his  agent,  and  shall   seal  ami    label   the  same  in   the 

presence  of  such  owner  or  agent,  said  labels  to  state  the  kind  of  provisions  or  food 

and  the  name  of  the  seller,  and  shall    then  and   there  deliver  one  of  said   samples  t" 
such  owner  or  agent. 
Sic.  5.   Registration;  penalties.     Whoever,  engaging  in  or  being  engaged  in  the  busi- 

lieSi  "I  selling  milk  and  conveying  the  same  for  .-ale,  neglects  to  cause  his  name  and 

place  of  business  to  be  recorded  in  the  inspector's  hook  and  his  name  to  be  legibly 
and  conspicuously  placed  and  constantly  kepi  upen  all  carriages  and  vehicles  used 
by  him  in  the  conveyance  of  milk  or  in  the  sale  thereof,  and  whoever,  being  engaged 
in  the  business  of  selling  milk  and  conveying  the  same  for  sale,  shall  neglecl  to 

renew    such  record   annually  between   the   flrsl  day  of    February  and  the  !ir.-t    dl 
March,  shall  he  lined  twenty  dollars  for  the  lirst  offence  and  fifty  dollars  lor  tl., 

ond  and  each  Bubsequenl  offence;  and  whoever  offers  for  sale  milk  produced  from 

COWS  fed  lipon  the  refuse  of  (list illeries  or  any  substance  deleterious   to  the  quality  of 

the  milk  and  whoever  offers  for  sale  milk  produced  from  -irk  or  diseased  cows,  shall 

he  fined  twenty  dollar-  for  the  lir-t  oi'hnce  and  fifty  dollars  for  e\n\  BUDSequenl 
offence;   and  whoever,  in  t  he  employ  men)  of  another,   Violates  any  provision  of  this 


a  Chapter  98  of  the  General  Laws  of  Rhode  island,  relating  to  contagious  disease 

anions  cattle,  I  or  hid-  the  -ale  of  milk  from  domestic  animal-    infected  with  any  COn- 
tagiouH  disease  (sec.  6). 


RHODE    ISLAND.  573 

section  shall  be  held  equally  guilty  with  the  principal  and  shall  suffer  the  same 
penalty. 

-  .  6.  Adulterated  or  watered  milk.  No  person  shall  sell  or  exchange  or  have  in 
his  possession  with  intent  to  sell  or  exchange,  or  offer  for  sale  <»r  exchange,  adulter- 
ated milk  or  milk  to  which  water  or  any  foreign  substance  has  been  added. 

Ski  .  7.  Skimmed  milk  to  }><  so  marked.  Every  person  who  shall  sell,  exchange  or 
deliver,  or  shall  have  in  his  custody  or  possession  with  the  intent  to  sell  or  exchange 
or  deliver,  for  himself  or  as  the  employee  of  any  other  person,  milk  from  which  the 
cream  or  any  part  thereof  lias  been  removed,  or  which  shall  not  contain  two  and 
one-half  per  centum  of  milk-fats,  shall  distinctly  mark,  in  letters  not  less  than  one 
inch  in  length,  in  a  conspicuous  place  above  the  center,  upon  the  outside  of  every 
vessel,  can  or  package  containing  BUch  milk,  the  words  skimmkd-mii.k,  and  such  milk 
shall  only  be  sold  in  or  retailed  out  of  a  can,  vessel  or  package  so  marked. 

Bb  .  v  \IWc  standard.  In  all  prosecutions  under  sections  six  and  seven  of  this 
chapter,  if  the  milk  shall  be  shown  upon  analysis  to  contain  more  than  eighty- 
eight  per  centum  of  watery  fluids,  or  to  contain  less  than  twelve  per  centum  of 
milk-solids,  or  less  than  two  and  one-half  per  centum  of  milk-fats,  it  shall  be 
deemed  Eor  the  purpose  of  said  sections  to  be  adulterated. 

'.i.  Penalties.  Every  person  who  shall  be  found  guilty  before  a  district  court 
of  violating  any  of  the  provisions  of  the  three  sections  next  preceding,  upon  the  first 
conviction  shall  be  lined  twenty  dollars;  and  upon  the  second,  and  every  subsequent 
conviction,  shall  be  fined  twenty  dollars  and  be  imprisoned  in  the  county  jail  for  ten 
-lays. 

Sec.  b>.  Inspector  to  enter  complaints.  Every  inspector  of  milk  shall  institute  com- 
plaints on  the  information  of  any  person  who  shall  lay  before  him  satisfactory  evi- 
dence by  which  to  sustain  the  same. 

8bc.  11.  Inspectors  to  publish  this  law.  Every  inspector  of  milk  shall  cause  the  pro- 
visions of  this  chapter  to  be  published  in  his  town  a!  least  three  times  in  some  news- 
paper published  iu  said  town  or  some  newspaper  in  the  county  in  which  the  town  is 
situated. 

8bc.  12.   Inspector  i<>  publish  convictions.     Every  inspector  of  milk  shall  cause  the 

name  and  place  of  business  Of  all  persons  convicted  under  this  chapter  to  be  pub- 
lished in  two  newspapers  published  in  the  town  or  county  where  the  offence  shall 
have  been  committed. 

13.  /  ecutions.  Any  chief  of  police  and  any  inspector  of  milk,  and  such 
Bpecial  constables  as  the  town  council  of  any  town,  or  the  board  of  aldermen  of  any 
city,  may  appoint  lor  that  purpose,  may  make  complaints  and  prosecute  for  all  vio- 
lations within  the  city  or  town  wherein  they  are  a] "pointed  or  elected,  of  any  of  the 
provisions  of  tin-  chapter;  and  they  each  shall  be  exempt  from  giving  surety  for 
costs  on  any  complaint  made  as  aforesaid. 

I  reneral  Law-,  1896,  ch.  l  »7,  p.  163. 

Bbc.  I.  Inspectors  of  milk  may  appoint  collectors  of  samples.  An\  inspector  of  milk 
of  any  town  or  city  now  in  office  or  hereafter  elected  under  authority  of  Chapter  147 
of  the  <  reneral  Laws,  entitled  "Of  Milk."  or  of  any  act   in  amendment  thereof,  may 

employ,  subject  to  the  approval  "i  the  town  councilor  'he  mayor  and  aldermen,  one 
per-,  m  as  collector  of  samples,  who  shall  have  the  same  powers  and  be  subject  to  the 
same  duties  and  liabilities  provided  by  law  relative  to  the  taking  of  specimens  or 

samples,  a-  an  inspectoi  of  milk.       Ml   Bpecimens  or  sample-   taken  and  retained   by 

an\  such  collector  shall  be  delivered  to  such  inspector,  who  shall  have  the aame 
powers  and  duties  relative  to  the  same  a-  in  case  of  specimens  or  -ample-  taken  by 

hiiii-elf.  siiih  iii-jicen  ,r  at  am  time  m;i\  discontinue  the  employment  of  any  such 
collector,  ami  Bubjecf  to  the  approval  aforesaid,  emplo>  another  per-on  in  his  stead. 


574  FOODS  AND  FOOD  CONTROL. 

Such  collector  upon  being  employed  shall  be  duly  engaged  to  the  faithful  discharge 
of  his  duties  before  the  city  or  town  clerk,  who  shall  keep  a  record  thereof;  and  shall 
receive  such  salary  as  the  mayor  and  aldermen  or  town  council  shall  determine. 

Passed  May  13,  1896.     General  Laws.  1896,  eh.  333. 

VINEGAR. 

1.  Adulterated  vinegar  prohibited.  No  person  shall  by  himself,  his  servant,  or 
agent,  or  as  the  servant  or  agent  of  any  other  person,  sell,  exchange,  or  have  in  his 
custody  or  possession,  with  intent  to  sell  or  exchange,  or  expose  or  offer  for  sale  or 
exchange,  any  adulterated  vinegar,  or  label,  brand,  or  sell  as  cidar"  vinegar  any 
vinegar  not  made  exclusively  from  apple  cider. — As  amended  April  17.  190.J,  Laws  of 
'>>.  no:.  r.  42. 

Sec.  2.  Vinegar  standard.  All  vinegars  shall  be  without  artificial  coloring-matter, 
and  shall  have  an  acidity* equivalent  to  the  presence  of  not  less  than  four  and  one-half 
per  centum  by  weight  of  absolute  acetic  acid;  and  in  case  of  a  cider-vinegar,  shall 
contain  in  addition  not  less  than  two  per  centum  by  weight  of  cider-vinegar  solids 
upon  full  evaporation  at  the  temperature  of  boiling  water;  and  if  any  vinegar  con- 
tains any  artificial  coloring-matter,  or  less  than  the  above  amount  of  acidity,  or,  in 
the  case  of  a  cider-vingar,  if  it  contains  less  than  the  above  amount  of  acidity  or  of 
cider-vinegar  solids,  it  shall  be  deemed  to  be  an  adulteration  within  the  meaning  of 
this  chapter. 

Sec.  •">.  Complaints;  inspectors*  <}nir<j,^.  [nspectors  of  milk,  or  such  other  officers 
a-  town  councils  may  appoint,  shall  make  complaint  for  all  violations  of  this  chap- 
ter, and  shall  not  be  required  to  urive  surety  for  costs;  and  for  the  services  required 
of  them  by  this  chapter  Bhall  receive  compensation  to  lie  fixed  by  the  town  council; 
the  compensation  for  the  inspection  of  vinegar  to  be  fixed  at  a  sum  not  exceeding 
twenty-five  cent-  for  the  inspection  of  each  barrel  of  vinegar,  such  compensation  to 
be  paid,  by  the  person  having  such  inspection  made,  to  such  inspector. 

Sec.  4.  Inspection  >nni  analyses.  Every  inspector  of  milk,  or  any  officer  appointed 
a-  hereinbefore  provided,  may  enter  any  place  where  vinegar  is  stored  or  kept  for 
sale,  and  examine  all  carriages  used  in  the  conveyance  of  vinegar;  and  whenever  he 
has  reason  to  believe  any  vinegar  found  by  him  is  adulterated,  he  shall  take  speci- 
men- thereof  and  cause  the  same  to  be  analyzed  or  otherwise  satisfactorily  tested, 
the  result  of  which  he  shall  record  and  preserve  as  evidence,  and  a  certificate  of 
such  result,  -worn  to  by  the  analyzer,  shall  be  admissible  in  evidence  in  all  prosecu- 
tions under  this  chapter. 

Sec.  5.  Penalty.  Any  person  violating  the  provisions  of  this  chapter  shall  be 
lined  not  exceeding  one  hundred  dollars. 

Sec;  6  Adulteration  <i>tiu<<i.  All  vinegars  shall  be  without  any  metallic  salts  of 
arsenic,  lead,  copper,  tin,  or  zinc,  or  any  sulphuric,  hydrochloric,  nitric,  or  other 
mineral  acid  injurious  to  health;  and  if  any  \  inegar  contains  any  metallic  -alt-  of 
arsenic,  lead,  copper,  tin,  or  zinc,  or  any  sulphuric,  hydrochloric,  nitric,  or  other 
mineral  acid  injurious  to  health,  it  shall  be  deemed  to  he  adulterated  within  the 
meaning  of  this  chapter.     .\<i<i><i   \/>r>i  /;,  t90St  Laws  of  1903,  ch.  tJC 

<  reneral  Law  -,  I  B96,  ch.  L48,  p.  f">'i. 

a  So  m  Statutes. 


SOUTH  CAROLINA. 

The  State  board  of  health  is  charged  with  the  enforcement  of  tho 
food  and  drug  laws  of  the  State,  and  is  authorized  to  appoint  inspec 
tors,  analysts,  and  chemists,  and  prepare  rules  and  regulations  with 
regard  to  the  proper  method  of  collecting  and  examining  samples. 
The  law  of  March  9,  1896,  provides  that  the  sworn  certificate  of  the 
chemist  of  the  State  Agricultural  College  regarding  the  analysis  of  a 
suspected  sample  shall  he  recognized  in  all  courts  as  prima  facie  evi- 
dence of  the  composition  of  that  sample.  No  attempt  has  been  made 
to  enforce  the  food  laws  in  this  State,  and  no  appropriation  has  been 
granted  for  that  purpose. 

GENERAL  FOOD  LAWS. 

306.  Penalty  for  telling  adulterated  <>r  unwholesorm  food  or  drink.     Whoever  shall 

knowingly  sell  or  expose,  or  offer  for  sale,  or  have  in  hi-  with  intent  t<> 

sell,  or  offer  for  sale,  any  kind  of  meat  <>r  vegetables,  or  fruits,  or  other  articles  "I 
provisions,  whether  for  food  or  drink,  that  are  diseased,  corrupted  or  unwholesome 
for  food  or  drink,  or  shall  fraudulently  adulterate  or  canst-  to  be  adulterated  tor  the 
purpose  of  sale,  or  have  in  his  possession  with  intent  to  sell  or  offer  for  sale,  any 
article  or  kind  of  food  or  drink  so  adulterated,  shall  be  guilty  of  a  misdemeanor,  and. 
upon  conviction  thereof  in  a  Court  of  competent  jurisdiction,  shall  he  punished  by 
fine  or  imprisonment,  not  exceeding  om-  hundred  dollars  line  or  thirty  day's  impris- 
onment.    And  the  article  so  adulterated  shall  he  forfeited  and  destroyed. 

306b.  (1)  Falte  labeling  prohibited.  From  and  after  the  passage  of  this  Act  it 
shall  he  unlawful  for  any  person,  firm  or  corporation  to  brand,  stamp,  mark  or  label 
any  article  of  food  or  food  product,  or  any  substance  used  a-  food,  mixed  or  unmixed. 
manufactured  or  not.  -,.  as  to  misrepresent  it<  true  value  or  constituent  parts,  or  to 
mark,  label,  brand  or  stamp  with  any  name  or  designation  any  such  articles  by  any 
other  than  its  true  name  or  source  of  its  origin. 

2  /'■  naUy.  Every  person,  firm  or  corporation  falsely  marking,  branding  or  label- 
ling any  article  of  food  or  food  product,  such  a-  contemplated  in  Section  one  ><i  tins 
Act,  or  exposing  to,  or  offering  for  sale  any  such  products,  knowing  the  same  t<>  he 
falsely  or  fraudulently  marked,  branded,  -tamped  or  labelled,  -hall  be  deemed  guilty 

of  a  misdemeanor,  mid,  qj conviction,  shall  pay  a  tine  of  five  hundred  dollar-,  or 

he  Imprisoned  one  year  at  bard  labor,  or  both,  in  the  discretion  of  the  Court. 
March  i:.  /.'">;.  Lotus  "/  1904,  eh. 

Code  ot  Laws.  1902,  oh.  15,  pp. 

.'Ms.     I     Penalty  for  handling  adulterated  food  or  liq  No  person  -hall  within 

this  state  manufacture,  bn  \\.  distill,  have,  offer  for  -ale.  or  -ell,  an}  .mi. 
drugs,  spirituous,  fermented  or  malt  liquors  which  are  adulterated  within  the  mean< 
-     tion  1.~»sl>  of  the  (  ivil  I  ode,  and  an j  person  violating  this  provision  -hall 
l-e  deemed  guilt]  of  a  misdemeanor,  and  upon  conviction  thereof  -hall  he  pun 
by  a  tine  not  exceeding  tit'tv  dollar-,  or  by  Imprisonment  i.  ng  fifteen  days, 


576  FOODS    AND    FOOD    CONTROL. 

for  the  first  offense,  and  not  exceeding  one  hundred  dollars  or  imprisonment  for 
thirty  days,  or  both,  for  each  subsequent  offense. — Code  of  Laics,  1902,  vol.  2,  ch.  15, 
p.  336. 

1578.  (5)  Enforcement  of  laic  by  State  board  of  health.  The  State  Board  of  Health 
shall  take  cognizance  of  the  interests  of  the  public  health  as  it  relates  to  the  sale  of 
food,  drugs,  spirituous,  fermented  and  malt  liquors,  and  the  adulteration  thereof, 
and  make  all  necessary  inquiries  and  investigations  relating  thereto,  and  for  such 
purpose  may  appoint  inspectors,  analysts  and  chemists,  who  shall  be  subject  to  its 
supervision  and  removal.  Within  sixty  days  after  February  19th,  1898,  tne  said 
State  Board  of  Health  shall  adopt  such  measures  as  it  may  deem  necessary  to  facili- 
tate the  enforcement  thereof.  It  shall  prepare  rules  and  regulations  with  regard  to 
the  proper  method  of  collecting  and  examining  drugs,  articles  of  food,  and  spiritu- 
ous, fermented  and  malt  liquors. 

1579.  (4)  Exemptions.  It  shall  be  the  duty  of  the  State  Board  of  Health  to  pre- 
pare and  publish  from  time  to  time  lists  of  the  articles,  mixtures  or  compounds 
declared  to  be  exempt  from  the  provisions  of  this  Article  in  accordance  with  the 
preceding  Section.  The  State  Board  of  Health  shall  from  time  to  time  fix  the  limits 
of  variability  permissible  in  any  article  of  food  or  drug,  or  compound,  the  standard 
of  which  is  not  established  by  any  national  Pharmacopoeia. 

1580.  (6)  Penalty  for  hindering  enforcement  of  law.  Every  person  offering  or 
exposing  for  sale,  or  delivering  to  a  purchaser,  any  drug  or  article  of  food,  or  spirit- 
uous, fermented  or  malt  liquors  included  under  the  provisions  of  Section  1578,  shall 
furnish  to  any  analyst,  or  other  officer  or  agent  appointed  hereunder,  who  shall 
apply  to  him  for  the  purpose  and  shall  tender  to  him  the  value  of  the  same,  a 
sample  sufficient  for  the  purpose  of  analysis  of  any  such  drug  or  article  of  food  or 
drink  which  is  in  his  possession. 

1581.  (2)  "Food"  and  "drug"  defined.  The  term  "food"  as  used  in  Section 
1578  shall  include  every  article  used  for  food  or  drink  by  man,  including  all  candies, 
teas,  coffees,  and  spirituous,  fermented  and  malt  liquors.  The  term  "drug"  as  used 
in  Section  1578  shall  include  all  medicines  for  internal  or  external  use. 

1582.  (3)  "Adulteration"  defined.     An  article  shall  be  deemed  to  be  adulterated: 

(a)  In  the  case  of  dru^s: 

1.  If,  when  sold  under  or  by  a  name  recognized  in  the  United  States  Pharmaco- 
poeia, it  differs  from  the  standard  of  strength,  quality  or  purity  laid  down  therein. 

2.  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  states  Pharma- 
copoeia, but  which  is  found  in  some  other  Pharmacopoeia  or  other  standard  work 
on  Pharmacopoeia  Materia  Medica,  it  differs  materially  from  the  standard  of  strength, 
quality  <>r  purity  laid  down  in  such  work. 

3.  If  it-  strength  or  purity  falls  below  the  professed  standard  under  which  it  is 

sold. 

( b)  In  case  of  food  or  drink: 

1.  If  any  substance  or  substances  baa  or  have  been  mixed  with  it  BO  M  to  reduce 

or  lower  or  injuriously  affect  its  quality  or  strength. 

2.  If  any  inferior  or  cheaper  substance  or  substances  has  or  have  been  substituted 
wholly  or  in  part  for  the  article. 

8.  If  any  valuable  constituent  of  the  article  bas  been  w  holly  or  in  part  abstracted. 

1.    If  it  be  an  imitation  of,  or  he  sold  under,  the  name  of  another  article 

5.  if  it  consists  \\  holly  or  in  pari  of  a  deceased,"  or  decomposed,  or  putrid,  or  rot- 
ten animal  or  vegetable  substance,  w  het  her  manufact ured  or  not,  or  in  the  case  of 
milk,  if  it  is  the  produce  of  B  diseased  animal. 

<i.  If  it  be  Colored  or  coated,  or  polished,  or  powdered,  whereby  damage  is  con- 
cealed, or  it  is  made  to  appeal  better  than  it  really  is,  or  of  greater  value. 


"  So  in  Statutes 


SOUTH    CAROLINA.  577 

7.  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredient  which  may 
render  such  article  injurious  to  the  health  of  the  person  consuming:  Provided,  That 
the  State  Board  of  Health  may  declare  from  time  to  time  certain  articles  or  prepara- 
tions to  be  exempt  from  the  provisions  of  Sections  1578  to  1582:  And  prodded,  fur- 
ther, That  the  provisions  of  Sections  1578  to  1582  shall  not  apply  to  mixtures  or 
compounds  recognized  as  ordinary  articles  of  food,  provided  that  the  same  are  not 
injurious  to  health,  and  that  the  articles  are  distinctly  labeled  as  a  mixture,  stating 
the  components  of  the  mixture. 

(c)  In  the  case  of  spirituous,  fermented  and  malt  liquors:  If  it  contains  any  sub- 
stance or  ingredient  not  normal  or  healthful  to  exist  in  spirituous,  fermented  or 
malt  liquors,  or  which  may  be  deleterious  or  detrimental  to  health  when  such  liq- 
uors are  used  as  a  beverage  or  as  a  medicine,  and  if  it  does  not  conform  in  respect  to 
strength  and  purity  required  by  the  laws  of  this  State. — Approved  February  19,  1898. 
Acts  of  1898,  p.  80S. 

Code  of  Laws,  1902,  vol.  1,  ch.  34,  pp.  614-616. 

L588.  Gauging  of  liquids.     All  oils,  molasses,  syrups,  wines,  vinegar  and  liquors, 

(not domestic)  sold  in  the  City  of  Charleston,  either  by  the  hogshead,  pipe,  puncheon, 
barrel,  cask,  keg  or  tank,  shall,  before  their  delivery,  be  gauged,  by  a  sworn  Ganger, 
elected  by  the  City  Council  of  Charleston,  whose  term  of  office  shall  be  for  four  years. 

1584.  Only  duly  elected  gangers  can  act.  It  shall  not  be  lawful  for  any  person  or 
persons,  except  those  duly  elected  by  the  City  Council  of  Charleston,  to  exercise  the 
duties  of  Granger,  or  gauge  any  of  the  aforesaid  articles,  under  such  penalty  for  eacli 
offense  as  may  have  been  or  may  hereafter  be  fixed  by  the  ordinances  of  the  said 
city,  the  aaid  penalty  to  be  recovered  in  any  Court  of  competent  jurisdiction. 

1585.  Fees.  The  fee  charged  for  the  said  gauging  shall  not  exceed  ten  cents  per 
package,  to  be  paid  by  the  seller  to  the  authorized  Ganger;  and  all  fees  accruing  to 
the  city  gangers  in  the  discharge  of  their  duties  shall  be  equally  shared  between  them. 

Code  of  Laws,  1902,  vol.  l,  ch.  34,  pp.  616-617. 

ALCOHOLIC  BEVERAGES. 

555.  Handling  of  alcoholic  beverages  prohibited;  penalties;  inspection  end  analysis; 
certificate.  The  manufacture,  sale,  battel-  or  exchange,  receipt,  or  acceptance  for 
unlawful  use,  delivery,  Btoring  and  keeping  in  possession  within  this  State  of  any 
spirituous,  malt,  vinous,  fermented,  brewed  (whether  Lager  or  rice  beer),  or  other 
liquors,  any  compound  or  mixture  thereof,  by  whatever  name  called  or  known,  which 
contain-  alcohol  and  is  used  as  a  beverage,  exe.pt  a-  is  hereafter  provided,  is  hereby 
prohibited  under  a  penalty  of  nol  less  than  three  nor  more  than  twelve  monl 
hard  labor  in  the  state  Penitentiary,  or  pay  a  tme  of  not  less  than $100 nor  more 
than  $500,  or  both  one  and  imprisonment,  in  the  discretion  of  the  Court,  for  each 
offense.  All  alcoholic  liquors  in  this  state,  whether  manufactured  within  this  state 
or  elsewhere,  not  having  been  tested  by  the  chemist  of  the  South  Carolina  College 
and  found  to  be  pure  and  free  from  poisonous,  hurtful  and  deleterious  mattei 
hereby  declared  to  be  of  a  detrimental  character,  and  their  nee  and  consump- 
tion are  against   the  morals,  good   health  and  safety   of  the  state,  and  all  such 

liquors  may  D€  Seised  wherever  found,  without  ■  warrant,  and  disposed  Of  IS  here- 
inafter provided.  A r i \  pi  lent  In  this  State  Intending  to  import  for  per- 
sonal use  ami  consumption  any  spirituous,  malt,  \  ii ions,  fermented,  brewed  or  other 
liquor  containing  alcohol  from  any  other  State  or  foreign  country  shall  Brst 
tit'y  to  the  chemist  of  the  South  Carolina  College  the  quantity  and  kind  of  liquor 
proposed  to  be  Imported,  together  with  the  nana'  and  place  of  bu-ine.-s  of  the 
person,  linn  or  corporation  from  whom  it  i.-  desired  to  pur.  impanying 
18621     Wo.  69   :  •  , M 


578  FOODS    AND    FOOD    CONTROL. 

such  certificate  with  a  statement  that  the  proposed  consignor  has  been  requested  to 
forward  a  sample  of  such  liquor  to  the  said  chemist  at  Columbia,  South  Carolina. 
Upon  receipt  of  said  sample  the  said  chemist  shall  immediately  proceed  to  test  the 
same,  and  if  found  to  be  pure  and  free  from  any  poisonous,  hurtful  or  deleterious 
matters  he  shall  issue  a  certificate  to  that  effect,  stating  therein  the  names  of  the 
proposed  consignor  and  consignee,  and  the  quantity  and  kind  of  liquor  proposed  to 
be  imported  thereunder,  which  certificate  shall  be  dated  and  forwarded  by  the  said 
chemist  post  paid  to  the  proposed  consignor  at  his  place  of  business.  The  said  con- 
signor shall  cause  such  certificate  to  be  attached  to  the  package  containing  the  liquor 
when  it  is  shipped  into  this  State,  and  no  package  bearing  such  certificate  shall  be 
liable  to  seizure  and  confiscation,  but  any  package  of  spirituous,  malt,  vinous,  fer- 
mented, brewed  or  other  liquor  or  liquid  containing  alcohol  imported  into  this  State 
without  such  certificate,  or  any  package  containing  liquor  other  than  that  described 
in  the  certificate  thereto  attached,  or  any  package  shipped  by  or  to  any  person  or 
persons  not  named  in  such  certificate,  shall  be  seized  and  confiscated  as  provided  in 
this  Chapter.  Any  certificate  obtained  from  the  chemist  as  herein  provided  shall 
be  used  within  sixty  days  after  the  date  of  its  issue  and  shall  be  invalid  thereafter. 
It  shall  be  unlawful  to  use  said  certificate  for  more  than  one  importation,  and  any 
persons  attempting  to  counterfeit  said  certificate  or  to  make  improper  use  thereof  or 
who  shall  make  any  false  statement  in  obtaining  or  attempting  to  obtain  the  same 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished  by 
imprisonment  for  not  less  than  thirty  days  nor  more  than  twelve  months,  or  pay  a 
fine  of  not  less  than  one  hundred  nor  more  than  one  thousand  dollars.  Any 
person  or  persons  convicted  of  selling  or  otherwise  unlawfully  disposing  of  any  liq- 
uor imported  under  the  provisions  of  this  ( 'hapter  shall  suffer  double  the  punish- 
ment provided  for  a  sale  in  violation  of  other  provisions  of  this  Chapter.  All 
expenses  incurred  in  enforcing  the  provisions  of  this  Section,  including  compensa- 
tion for  such  assistant  chemists  as  may  be  necessary  to  make  prompt  analysis 
and  the  express  charges  on  samples,  shall  be  paid  by  the  Hoard  of  Directors  of  the 
State  Dispensary  hereinafter  provided  for,  as  an  expense  of  the  State  Dispensary 
established  by  this  Chapter.  If  the  chemist  of  the  South  Carolina  College  shall  wil- 
fully fail  or  refuse  to  make  or  have  made  an  analysis  of  any  sample  sent  to  him  in 
accordance  with  the  provisions  of  this  Section  he  shall,  upon  conviction  thereof 
before  a  Court  of  competent  jurisdiction,  be  fined  one  hundred  dollars  for  each 
offense. 

Code  of  Laws,  L9Q2,  vol.  2,  ch.  27,  pp.  416-418. 

(ANDY. 

.*507.  Addition  of  injurious  ingredients.  No  person  or  corporation  shall  by,himself, 
his  servant  or  agent,  or  as  the  Bervanl  or  agenl  of  any  other  person  or  corporation, 
manufacture  for  sale,  knowingly  sell  or  offer  to  Bell,  any  candy  adulterated  by  the 
admixture  of  terra  alba,  barytas,  talc  or  any  other  mineral  substance,  or  by  poison- 
ous colors  or  Savors  or  other  Ingredients  deleterious  or  detrimental  to  health. 

Any  person  or  corporation  convicted  of  violating  any  of  the  provisions  of  this  Sec- 
tion  shall    he  punished    by  a  fine   not    exceeding  one    hundred  dollars   nor  less  than 

fifty  dollars.  The  candy  so  adulterated  shall  be  forfeited  and  destroyed  under  direc- 
tion of  the  ( 'ourt. 

approved  March  9,  1896.  Acts  of  1896,  ch,  22,  p.  214;  Code  of  Laws,  L902,  vol.  2, 
ch.  L5,  p.  384. 

CORN  MEAL. 

l.  Oornmeal    weight  of  bushel.    The  standard  weight  of  a  bushel  of  corn  meal, 
whether  bolted  or  unbolted,  shall  be  forty-eighl  pounds. 


BOUTB     CAROLINA.  579 

Sec.  2.  Corn  meal — «"»  of  package* — branding.  It  shall  be  unlawful  tor  any  pi 
or  persons  to  pack  for  sale,  sell  or  offer  for  sale,  in  this  State,  any  corn  meal,  except 
in  bags  or  packages  containing  by  standard  weight  two  bushels,  or  one  bushel,  or 
one-half  bushel,  or  one-fourth  bushel,  or  one-eighth  bushel,  respectively.  Each  bag 
or  package  of  corn  meal  shall  have  plainly  printed  or  marked  thereon  whether  the 
meal  is  "bolted"  or  '"  unbolted/'  the  amount  it  contains  in  bushels  or  fraction  of  a 
bushel,  and  the  weight:  Provided,  The  provisions  <»f  this  Section  shall  Dot  apply  to 
the  retailing  of  meal  direct  to  customers  from  bulk  stock,  when  priced  and  delivered 
by  actual  weight  or  measure. 

:!.  Penalty.  Any  person  or  persons  guilty  of  violating  either  of  the  foregoing 
Sections  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and.  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  one  hundred  dollars,  or  by  impris- 
onment not  exceeding  thirty  days,  or  by  both  fine  and  imprisonment,  in  the  discre- 
tion of  the  Court. 

Bbc.  4.  Dab  of  taking  effect.  This  Act  shall  be  of  force  and  effect  from  and  after 
April  first.  1903.  * 

8*  .  5.  Repeal.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  be,  and  the 
same  are  hereby,  repealed. 

Approved  February  23,  1903.     Acta  of  1903,  No.  85,  p.  126. 

DAIRY   PRODUCTS. 

SOS.  Urn  of  umoholetonu  milk.  It  shall  not  be  lawful  Cor  any  person  or  corpora- 
tion or  agent  knowingly  to  sell  or  expose  lor  sale,  or  deliver  for  domestic  Use.  <>r  to 
averted  into  any  product  of  human  food  whatsoever,  any  unclean,  impure, 
unwholesome,  adulterated  or  Bkimmed  milk.  <>r  milk  from  which  has  been  held 
back  what  is  known  as  BtrippingS,  <>r  milk  taken  from  an  animal  having  d  - 
sickness,  ulcere  ora  Provided,  That  this  Section  shall  not  prohibit  the  sale 

of  buttermilk  or  of  Bkimmed  milk  when  sold  as  such. 

For  the  purposes  of  this  Section,  milk  which  is  proven  by  any  reliable  test  or 
analysis  t-.  contain  less  than  three  percentum  of  butter-fat  and  eight  and  one-half 
per  cent,  of  >.,lids  other  than  butter-fat  >hall  lie  regarded  as  Bkimmed  milk. 

the  purposes  of  this  Section,  every  article,  substance,  <>r  compound,  other 
than  produced  wholly  from  pure  whole  milk,  or  cream  from  the  same,  made  in 
semblance  of  butter  or  of  cheese,  and  designed  to  be  used  as  a  substitute  for  butter 
or  cheese  made  from  pure  milk  or  cream  from  the  same,  is  hereby  declared  t<>  be 
imitation  butter  or  imitation  cheese,  as  the  case  may  he:  Provided,  The  use  of  salt, 
rennet  and  harmless  coloring  matter  for  coloring  the  product  of  pure  milk  or  cream 
shall  not  be  construed  to  render  BUCh  product  an  imitation. 

.*{()!>.  Coloring  of  imitation  butter  and  cheese.  No  person  shall  coat,  powder  or  color 
with  annatto  or  any  coloring  matter  whatever  any  substance  designed  to  be  used  as 
a  substitute  for  butter  or  for  cheese  whereby  such  Bubstance  or  product  shall  be 
caused  to  resemble  butter  or  cheese  the  product  of  pure  milk  or  .ream. 

810.  Compounding  ith  butter  and  (  N  i  person  shall  com- 

bine any  animal   fat   or  vegetable  oil   or  other  substance  with   butter  or  die. 
combine  with  butti  with,  animal  fat  or  vegetable  "il  or  combination  of 

the  two,  <»r  any  other  Bubstance  or  substances  whatever,  any  annatto  or  any  other 
coloring  matter  for  the  purpose  or  with  the  effect  of  imparting  thereto  a  yellow 

color,  or  any  shade  of  yellow.  BO  that  BUCh  Bubstance  shall  resemble  genuine  yellow 
butter  or  chees,-,  nor  introduce  an\   BUch  Coloring  matter  or  any  such  Bubstance  into 

any  of  the  ingredients  of  which  luch  substitute  may  be  composed:  P  I,  That 

nothing  in  this  or  the  three  |  ons  shall  be  construed  to  prohibit  the 

us,,  of  salt,    rennet    or  harmless  coloring   matter  for  Coloring  the   |  •:    pure 

milk  or  cream  from  the  same. 


580  Foods  AND  FOOD  CONTROL. 

311.  Selling  of  imitation  butter  and  cheese.  No  person  shall  by  himself,  or  empl<  >\  &  ■. 
or  agent  produce  or  manufacture,  or  sell,  or  keep  for  sale,  or  offer  for  sale,  any  imi- 
tation butter  or  imitation  cheese  made  or  compounded  in  violation  of  this  or  the  four 
preceding  Sections,  whether  such  imitation  shall  have  been  made  or  produced  in  this 
State  or  elsewhere:  Provided,  That  said  Sections  shall  not  be  construed  to  prohibit 
the  manufacture  and  sale  of  imitation  batter  or  imitation  cheese,  under  the  regula- 
tions hereinafter  provided,  not  manufactured  or  colored  as  herein  prohibited. 

ll\'2.  Branding  of  butter  and  cheest  substitutes.  Every  person  who  lawfully  manu- 
factures any  substance  designed  to  be  used  as  a  substitute  for  butter  or  for  cheese 
shall  mark  by  branding,  stamping  or  stenciling  upon  the  top  and  side  of  each  tub, 
box  or  Other  vessel  in  which  such  substitute  shall  be  kept,  or  in  which  it  shall  be 
removed  from  the  place  where  produced,  in  a  clear  and  durable  manner,  in  the  Eng- 
lish language,  the  words  "substitute  for  butter",  or  "substitute  for  cheese",  as  the 
case  may  be,  in  printed  letters  in  plain  Roman  type,  each  of  which  shall  be  uoi  Less 
than  one  inch  in  height  and  one-half  inch  in  breadth. 

313.  Possession  of  butter  and  cheese  substitutes.  No  person  shall  have  in  his  p 
sion  or  control  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  for 
cheese  unless  the  tub,  box  or  other  vessel  containing  the  same  shall  be  clearly  and 
durably  marked  as  provided  in  Section  303:  Provided,  That  this  Section  shall  not 
apply  to  a  person  who  has  such  imitation  butter  or  imitation  cheese  in  his  possession 
for  the  actual  consumption  of  himself  or  family. 

.'{14.  Imitation  butter  and  cheese  sold  as  genuine.  No  person,  by  himself  or  agent  or 
employe,  shall  sell  or  offer  for  sale  any  imitation  butter  or  imitation  cheese  under 
the  pretense  that  the  same  is  genuine  butter  or  genuine  che< 

315.  Regulations  as  to  use  of  imitation  butter  or  cheese  in  hotels,  etc.  No  keeper  or 
proprietor  of  any  hotel  or  restaurant  or  other  person  having  charge  thereof,  shall 
knowingly  use.  .,r  serve  therein,  either  as  food  or  for  cooking  purposes,  any  imita- 
tion butter  or  cheese,  as  denned  in  Section  308,  unless  such  keeper,  proprietor  or 
other  person  in  charge  of  such  place  of  entertainment  shall  keep  constantly  posted  in 
a  conspicuous  place  in  the  room  or  rooms,  or  other  place  or  places  where  such  imita- 
tions shall  be  served,  so  that  the  same  may  be  easily  seen  ami  read  by  any  person  in 
such  room  or  place,  a  white  card,  not  less  than  ten  by  fourteen  inches  in  size,  on 
which  shall  be  printed  in  the  English  language,  in  plain  black  Roman  Letters,  not 
smaller  than  one  inch  in  height  and  one-half  inch  in  width,  the  words  "imitation 

butter   Used    here",  or   "imitation   cheese   used    here",  as   the  case  may  be.  and    the 
cards  shall  not  contain  any  other  impressions  than  the  words  above  prescribed. 

:J1  <I.    Penalty.     That  any  person  violating  any  provisions  of  Sections  .".ox  t,,  315  -hall 
be  guilty  of  a  misdemeanor  and  may  be  proceeded  against  by  any  of  the  pro* 
provided   for  misdemeanors,  and   may   be  tried    by  any  Court   having  jurisdiction  of 
misdemeanors  in  this  state,  and  upon  conviction  shall  be  punished  by  a  tine  not  to 

exceed  one  hundred  dollars  and  not   less  than   ten  dollars.      One-hall  of  said  tine  to 
•_'..  to  the  informer  through  whose  agency  such  conviction  shall   be  had. 

:{1  7.  CerHficate  of  chemist  evidence.  The  sworn  certificate  of  "theChemisI  of  the 
Clemson  Agricultural  College  of  South  Carolina"  of  analysis  of  a  suspected  sample 

shall  be  recognized  in  any  and  all  ( lourtS  of  this  State  as  prima  facie  evidence  of  such 

analysis  and  of  the  composition  and  character  of  such  sample. 

Approved  March  9,  L896.  Acts  of  L896,  pp.  215  217;  ( lode  of  Laws  of  L902,  vol.  l\ 
«h.  L5,  pp.  334 

FLOUR 

l.">.">!>.  Appointment  of  city  inspector,  Charleston;  bond.  The  city  Council  of  Charles* 
ton  shall  appoint  a  competent  person  a-  [nspectorof  Flour  for  the  city  of  ( lharleston, 
who  shall  hold  his  office  for  two  years,  and  who  shall  give  bond  to  the  State  of 
Houth  Carolina,  with  good  security,  to  be  approved  by  the  city  Council  of  Charles- 


SOUTH    CAROLINA.  581 

ton,   in  the  penal  sum  of  two  thousand  dollars,   conditioned  for  the  faithful  dis- 
charge of  the  duties  of  the  said  office. 

1560.  Flour  sold  in  Charleston  mu^t  be  inspected;  exported  Hour  exempted.  It  shall 
not  be  lawful,  if  inspection  be  demanded  by  the  seller  or  purchaser,  to  sell  in  the 
City  of  Charleston  any  barrel,  half  barrel  or  bag  of  flour  or  meal  of  wheat,  rye  or 
corn  unless  the  same  shall  have  been  first  submitted  to  the  view  and  examination 
of  the  Inspector  of  the  aforesaid  city,  and  by  him  examined  in  some  lot.  street  or 
warehouse,  open  and  accessible  to  all  persons;  but  flour  of  wheat,  rye  <>r  corn  manu- 
factured in  the  City  of  Charleston  for  export  to  any  other  port  or  ports  beyond  the 
limits  of  the  State  shall  not  be  liable  to  inspection  in  the  said  city. 

1561.  Construction  of  barrels.  Every  cask  or  barrel  containing  flour  or  meal  of 
wheat,  or  rye  or  corn  brought  into  or  manufactured  in  the  City  of  Charleston  for 
sale  shall  be  well  made,  of  good  seasoned  materials,  and  sufficiently  hooped  and 
nailed;  and  the  said  Inspector  shall  cause  all  casks  or  barrels  not  made  as  aforesaid, 
and  not  in  merchantable  condition,  but  capable  of  being  made  so  at  a  reasonable 
expense,  to  be  repaired  and  put  in  merchantable  condition  at  the  expense  of  the 
owner  thereof. 

1562.  Quantity  of  four  in  barrel*  and  half  barrels.  Every  barrel  submitted  for 
inspection  as  aforesaid  shall  contain  such  quantity  of  flour  or  meal  as  upon  inspec- 
tion shall  be  found  to  be  of  the  net  weight  of  one  hundred  and  ninety-six  pounds; 
and  each  and  every  half  barrel  shall  contain  such  quantity  as  shall  be  of  the  net 
weight  of  ninety-eight  pounds;  and  the  said  Inspector  shall  cause  all  barrels  or  half 
barrels  containing  a  less  quantity  to  be  made  of  full  weight  at  the  expense  of  the 
owners  thereof. 

1568.  Inspector's  brand — locality  and  grades.  Every  cask  or  bag  of  flour  or  meal 
submitted  to  the  view  and  examination  of  the  Inspector  as  aforesaid  shall  by  him 
arched  and  tried,  by  boring  on  the  head  and  piercing  it  through  with  an 
instrument  by  him  to  be  provided;  and  he  shall  afterwards  plug  the  same  with  soft 
seasoned  wood,  to  prevent  the  entrance  of  water  therein.  If  the  Inspector  shall 
judge  the  same  to  be  merchantable,  he  shall  brand  every  such  cask  or  bag  with  the 
word  "Charleston",  and  shall  brand  the  decrees  of  fineness  of  which  he  shall,  on 
inspection,  determine  the  said  Hour  or  meal  to  be,  in  letters  of  half  an  inch  in 
Length,  which  degrees  shall  be  distinguished  as  follows,  to  wit:  "Family",  "Extra", 
"Super",  "Fine",  "First  Middlings",  or  '-Second  Middlings",  "Ship  stuff", 
"First    Rye  -       «d  Rye",  "First  Corn",  or  ••Second   Corn",  a-  the  case  mav 

he;   but  if,  on  examination,  it  proves  unsound,  then  he  shall  mark  the  cask   or  bag 

w ith  the  broad  am >w. 

l."><>4.  Inspection  fee.  The  Inspector  shall  he  allowed  not  more  than  two  and  a 
half  cents  per  package  for  inspecting,  which  shall  be  paid  by  the  owner  thereof,  or 
hi-  agent 

I .■»<;.">.  Deputy  inspector.  1  n  case  of  sickness  or  temporary  absence  of  the  [nspector, 
or  if  necessary  for  the  convenient  dispatch  of  the  duties  of  bis  office,  be  is  hereby 
empowered  to  appoinl  a  deputy  to  act  for  him  during  such  sickness, absence,  or  such 

time  a-  he  may  think  proper,  who  shall  also   be  made  liable  to  the  same  penalties, 

and  shall  take  the  oath  hereinafter  prescribed. 

1566.  Inspector*  s  oath  of  office.  The  Inspector  of  Flour  and  Meal  under  this  Chap- 
ter -hall,  before  he  proceeds  to  perform  the  duties,  make  oath  or  affirmation,  as  the 
case  may  be,  before  the  clerk  of  the  Court  of  Common  Pleas,  that,  without 

favor  or  affection,  malice,  partiality  or  roped  of  persons  he  will  diligently  am 

fully  examine  and  inspect,  to  the  best  of  his  skill  and  ability,  all  flour  or  meal  i 
to  him  for  inspection,  and  that  he  will  brand,  or  cause  lobe  branded,  as  merchant- 
able, all   barrels,  half  barrels  or  bags  of  (lour  or  meal   that  appear  -utlicienth 

and  sound,  and  no  other,  according  to  the  u-st  of  his  knowledge  and  Judgment;  and 
als..  the  oath  provided  for  public  offio  i 


582  POODS    AND    POOD    OOWTBOL. 

1507.  Flour  in  transit  not  .subject  to  inspection  in  Charleston.  No  flour  merely  pass- 
ing through  the  City  of  Charleston  from  any  place  in  this  or  any  other  State  to 
another  port  or  place  out  of  this  State  shall  be  required  to  be  inspected  in  the  said 
City  of  Charleston:  Provided,  Such  flour  be  distinctly  marked  before  it  comes  into 
the  said  city,  upon  the  barrels  or  bags,  with  the  name  of  the  place  from  whence  it 
comes,  and  the  name  of  the  port  or  place  of  it*  destination,  witli  the  words  "in 
transit  "  between  the  names  of  the  said  two  places. 

L56S.  Flour  committee  to  arrange  flour  standards.  The  Charleston  Chamber  of 
Commerce  shall  appoint  a  Flour  Committee  consisting  of  five  members,  who  shall 
arrange  and  adopt  suitable  standards  for  the  different  grades  of  flour;  the  standards 
so  selected  to  conform  as  nearly  as  possible  to  similar  standards  adopted  by  the 
Boards  of  Inspection  in  the  principal  Atlantic  cities. 

1500.  Grades  of  flour;  standard  brand.  The  said  Committee  shall,  as  often  as 
once  in  every  three  months,  provide  and  adopt  suitable  standards  for  the  different 
grades  of  flour,  viz.:  "Fine,"  "Superfine,"  "Extra,"  "Family,"  and  "Extra 
Family."  The  standards  thus  approved  shall  be  kept  in  the  possession  of  the  com- 
mittee for  reference  in  all  eases  of  dispute  which  may  arise.  They  shall  also  furnish 
the  Inspector  or  Inspectors  herein  provided  for  with  similar  standards  for  their  guid- 
ance; and  all  flour  inspected  by  the  said  Inspector  shall  be  legibly  branded  or  marked 
"Charleston  Chamber  of  Commerce  Standard",  with  grade,  day,  month,  year,  and 
name  of  Inspector. 

1570.  Flour  committee  to  aire  final  decision  in  disputed  case*.  The  said  Flour  Com- 
mittee shall  also  be  umpire  to  settle  and  decide  all  cases  of  dispute  that  may  arise  in 
nit  fence  to  the  inspection  of  flour  between  the  Inspectors  and  the  parties  for  whom 
the  inspection  may  have  been  performed;  and  when  an  Inspector  is  charged  with  pass- 
ing flour  which  proves  to  be  below  thestandard,  unsound  or  damaged  when  inspected. 
or  deficient  in  any  way,  it  shall  be  the  duty  of  said  committee,  when  called  upon,  t<> 
investigate  the  ease,  and,  if  the  Inspector  is  in  fault,  to  assess  such  damages  to  be  paid 
by  him  as  in  their  judgment  is  fair  and  just.  In  all  eases  calling  for  their  action  a 
majority  of  said  Committee  shall  constitute  a  quorum,  and  their  decision  in  such 
casefl  -hall  be  made  in  writing;  the  decision  so  made,  however,  to  he  subject  to  the 
righl  of  appeal  by  either  party  to  the  Arbitration  Court  of  the  said  Chamber  of  Com- 
merce the  decision  <>f  the  said  Court  to  he  final;  and  suit  may  be  brought  on  the 
bond  herein  provided  for  the  Inspector,  if  he  shall  he  in  default,  in  the  name  of  the 

Charleston  Chamber  of  Commerce,  by  the  party  in  whose  favor  a  decision  may  be 
so  made,  to  recover  the  amount  of  damages  so  assessed. 

1571.  Inspectors  appointed  by  committee.    The  said  Committee  shall  appoint  one  or 

more  Inspectors  of  Flour;  and  the  [nspectors  BO  appointed  shall  each  make  and  exe- 
cute a  good  and  satisfactory  bond  to  the  Charleston  Chamber  of  Commerce  in  the 
penal  -urn   of  two  thousand    dollars  ($2,000),  (the  said  bond  to  he  approved   by  the 

President  of  Bald  Charleston  Chamber  of  Commerce) ,  conditioned  for  the  faithful 

performance  Of  the  duties  of    the    Inspector,  and    for  the   payment   of  all  claims  and 

demands  which  may  be  decided  against  him  as  aforesaid:  Provided,  always,  That  the 
said  Committee  shall  have  power  to  suspend  or  dismiss  an  Inspectoral  any  time  for 
any  cause  satisfactory  to  them;  ami  no  Inspector  so  t<>  he  appointed  shall  he  directly 
or  indirectly  engaged  in  the  Hour  trade  during  such  time  as  he  may  hold  the  office, 

on  penalty  Of  the  forfeiture  of  his  com  mission  as  I  QSpector. 

I57-.  Duty  of  inspectors.  It  shall  he  the  duty  of  the  [nspectors  bo  appointed  care- 
full}  to  insped  all  Sour  submitted  to  them,  and  to  decide  on  the  grade  and  soundness 
of  the  same;  all  Hour  thus  inspected  must  be  equal  in  quality  to  the  standard  fur- 
Dished    hy  the   Committee;  and    any  Inspector  passing    lloiirwhich   is    not   equal   in 

quality  to  the  standard  for  the  -rade  which  he  makes  it,  shall  he  liable  for  any 
damage  accruing  from  such  action. 


SOUTH    CAROLINA.  583 

1573.  Weighing  of  barrels  of  flour;  fees.  It  shall  be  the  duty  of  the  Inspector  to 
weigh  a  suitable  number  of  barrels  of  each  lot  of  flour  inspected,  to  be  assured  that 
they  contain  the  full  weight  of  one  hundred  and  ninety-six  (196)  pounds,  and  no 
Inspector  shall  use  the  brand  of  the  Charleston  Chamber  of  Commerce  on  any  flour 
in  barrels  that  is  of  less  weight  than  one  hundred  and  ninety-six  (196)  pounds  to 
the  barrel.  For  such  inspection,  weighing,  and  branding,  the  Inspector  shall  receive 
two  (2)  cents  per  barrel  or  bag  for  each  and  every  barrel  or  bag  BO  inspected, 
weighed  and  branded,  to  be  paid  by  the  party  requesting  the  same  to  be  done,  and 
the  same  fee  on  re-inspection. 

1574.  Fee  of  members  of  committee  in  disputed  cases.  In  all  cases  calling  for  the 
action  of  the  Committee  to  decide  disputes  as  regards  grade,  soundness,  or  any  other 
defect,  between  the  Inspector  and  parties  lor  whom  such  inspection  has  been  made. 
the  members  of  the  Committee  serving  in  said  cases  shall  be  paid  one  dollar  for  each 
meeting,  the  amount  to  be  paid  by  the  party  against  whom  the  case  is  decided  by 
the  Committee,  or,  in  case  of  appeal,  by  the  party  against  whom  the  appeal  Court, 
herein  provided  for,  shall  decide. 

1575.  Toll  for  grinding  grain.  No  person  shall  take  more  toll  for  grinding  corn. 
wheat,  rye  or  any  other  grain  into  good  meal  or  flour  than  one-eighth  part  of  any 
quantity  under  ten  bushels,  and  for  ten  bushels,  or  any  quantity  above,  at  one  time 
brought,  one-tenth  part  only;  and  for  all  grain,  as  aforesaid,  chopped  for  hominy, 
feeding  stock  or  for  distilling,  one-sixteenth  part. 

15  7(>.  Fine.  Any  person  or  persons  taking  more  toll  than  hereinbefore  directed 
shall  be  subject  to  pay  a 'fine  to  the  amount  of  ten  times  the  value  of  the  toll  so 
taken,  to  be  recovered  in  the  most  summary  way  before  the  nearest  Magistrate;  one- 
half  to  the  prosecutor  and  the  other  half  to  the  person  aggrieved. 

1577.  Municipal  control  of  measurement  and  weight.  The  City  Council  of  Charles- 
ton shall  have  full  power  and  authority  to  regulate  and  control  the  sale  of  grain  by 
measurement  or  weight,  or  both,  sold  within  the  corporate  limits  of  the  city,  in  such 
manner  as  will  insure  a  fair,  equal  and   uniform  sale  and  measurement  of  the  same. 

Code  of  Law-  L902,  voL  l,  ch.  34,  pp.  610-614. 

MEAT. 

305.  Sal,  of  meat  from  diseased  animate;  penalty.  Any  person  who  shall  knowingly 
sell,  or  expose  for  sale,  the  tlesh  of  any  animal  which  was  diseased  or  seriously 
injured  at  the  time  of  slaughtering,  <»r  which  died  a  natural  death,  or  which  may 
be  found  dead  from  a  cause,  or  Causes,  unknown  to  such  person,  shall  he  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  he  fined  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollar-,  or  imprisoned  not  less  than  ten  nor  more  than  thirty  da\  > 

Provided,  That  this  Section  shall  not  apply  to  the  sale  of  the  flesh  of  any  animal 
which  i>  accidentally  killed,  when  the  same  is  Immediately  prepared  for  market. 

and   the  seller  inform-   the  buyer  of  the  time,  place  and  nature  of  the  death  of  BUCh 
animal. 

\~  amended  February  22,  L905,   lets  of  1906,  ch.  432,  pp.  86(  leof  Laws 

L-902,  vol.  l',  ch.  15,  p.  :::;::. 

I.V.m;.  Weight  of  barrels  of  pork  or  beef ;  packing  regulations.  Everj  barrel  of  pork 
or  beef  packed  and  sold  in  this  State  -hall  contain  thirty  gallons  and  two  hundred 
pounds  weight  of  wholesome,  well-cured  meat  in  the  same,  which  shall  he  weighed 

by  the  packer-,  and  well  packed  with  -alt  and    pickle,  each    piece  not  to  weigh  more 
than  eight  pound-,  and  not  to  be  cut  or  mangled  further  than  to  take  out  the  kernels 

or  where  the  bones  require  it,  and  no1  more  than  two  head-  In  one  barrel  of  pork. 
So  beefs  head-  oi  -hank-  -hall  at  all  he  packed. 


584  FOODS  AND  FOOD  CONTROL. 

1597.  Penning  before  slaughter;  penalty.  In  case  any  person  shall  kill  any  cattle 
to  put  in  barrels  for  sale,  without  having  first  penned  them  twelve  hours  before 
killing  them,  every  such  person  shall  forfeit  the  sum  of  ten  dollars,  current  money, 
for  every  head  of  cattle  so  killed,  to  the  person  who  will  sue  for  the  same,  to  be 
recovered  before  any  Magistrate. 

159S.  Construction  of  casks.  Every  person  in  this  State  shall  make  the  casks  for 
packing  beef  or  pork  of  sound,  dry,  and  well-seasoned  white  or  water  oak  timber, 
without  sap,  the  heads  as  well  as  bodies  of  which  casks  shall  be  made  tight,  so 
as  to  hold  pickle,  and  shall  fill  the  said  casks  with  water  before  the  same  are  packed 
with  any  beef  or  pork. 

Code  of  Laws,  1902,  vol.  1,  eh.  34,  pp.  619-620.  . 

RICE. 

1  599.  Fraudulent  mixtures  of  rice;  penalty.  If  any  planter  or  other  person  shall  sell 
or  expose  tor  sale  to  any  merchant,  factor,  or  any  other  person,  at  any  port  or  place 
of  exportation  within  this  State  any  casks  or  barrels  of  rice  which,  upon  opening 
or  uncasking  the  same,  shall  be  found  to  contain  any  unfair  and  fraudulent  mixture 
of  small  or  damaged  rice,  then,  and  in  every  such  case,  the  seller  of  the  said  rice,  or 
person  offering  the  same  for  sale,  shall  immediately,  on  request  of  the  buyer,  or 
person  offering  to  buy  the  same,  name  one  indifferent  person,  being  a  freeholder,  and 
the  said  buyer  another,  to  view  the  said  rice,  and  if  such  two  persons  shall  agree  in 
opinion,  and  certify  the  same  in  writing  under  their  hand?,  that  such  rice  was  deceit- 
fully and  fraudulently  packed  and  exposed  for  sale,  every  such  cask  or  barrel  so 
fraudulently  packed  and  exposed  for  sale,  shall  be  forfeited  to  the  State,  and  the 
same  shall  be  sold  or  caused  to  be  sold  by  the  State  Treasurer,  or  by  the  person  or 
persons  who  shall  condemn  the  same  for  the  use  aforesaid,  who  shall  be  allowed 
thereout  five  per  cent  for  their  trouble. 

L600.  Nomination  of  persons  to  certify  to  quality  of  rice.  If  the  seller  shall  refuse 
to  nominate  a  person  to  view  the  said  rice,  then  the  buyer  shall  nominate  both  the 
[h  none  to  view  such  rice,  who  shall  have  the  same  power  as  if  one  had  been  named 
by  the  seller  and  one  by  the  buyer:  Provided,  That  in  case  the  said  persons  nomi- 
nated as  aforesaid  shall  not  agree  in  opinion,  they  shall  have  power  to  nominate  a 
third  person,  being  a  freeholder  as  aforesaid,  who  shall  have  the  same  power  as  the 
first  two  by  this  Chapter  have;  and  in  case  either  of  the  said  two  persons  shall  refuse 
or  neglect  to  join  or  cannot  agree  in  nominating  such  third  person,  then  in  such  case 
any  Magistrate,  on  notice  given  by  both  or  either  of  the  said  persons,  shall,  and  he 
is  hereby,  required  to  nominate  such  third  person,  which  third  person  shall  have 
the  same  power  ill  the  premises  as  it  he  had  been  nominated  by  both.  And  such 
adjudication  and  certificate  shall  be  made  within  twenty-tour  hours  from  the  first 
application,  and  the  said  certificate  shall  be  deemed  a  sufficient  condemnation  of  the 
said  riee  to  warrant  the  sale  thereof  as  aforesaid;  any  law,  statute,  usage,  or  Custom 
to  the  contrary  notwithstanding. 

Code  oi  haws,  L902,  vol.  l,  ch.  34,  p.  620. 


SOUTH  DAKOTA. 

The  State  food  and  dairy  commissioner  is  charged  with  the  adminis- 
tration of  the  food  laws  of  South  Dakota.  The  chemical  work  in  con- 
nection with  the  enforcement  of  the  law  is  performed  by  the  chemist 
of  the  State  agricultural  experiment  station. 

GENERAL  FOOD  LAW-. 

Sec.  242.  *  *  *  Powers  and  duties  of  state  board  of  health.  5th.  To  remove,  or 
cause  to  be  removed,  any  dead,  decaying  or  putrid  body,  or  any  decayed,  putrid  or 

other  substance  that  may  endanger  the  health  of  persons  or  domestic  animals. 

6th.  To  condemn  and  cause  to  be  destroyed  any  impure  or  diseased  article  of  food 
that  may  be  offered  for  sale. 

Session  Laws  1903,  ch.  217,  p.  292;  Revised  Codes,  1903,  Political  ('ode,  art.  6, 
subdivision  1.  Bee.  242,  pp.  45-46. 

4(J7.  Adulterated  product*  represented  to  be  pure.     Every  person  who  adulterates  or 

dilutes  any  article  of  food,  drink,  drug,  medicine,  strong,  spirituous  or  malt  liquor, 
or  wine,  or  any  article  useful  in  compounding  either  of  them,  whether  one  useful  for 
mankind  or  for  animals,  with  a  fraudulent  intent  to  offer  the  same,  or  cause  or  per- 
mit it  to  be  offered  for  sale  as  unadulterated  or  undiluted,  and  every  person  who 
fraudulently  Bella  OT  keeps  or  offers  for  Bale  the  same  as  unadulterated  or  undiluted, 
knowing  it  to  have  been  adulterated  or  diluted,  is  guilty  of  a  mi-demeanor. 

4()S.  Tainted  or  unwholesome  products.  Every  person  who  knowingly  sells,  or  keeps 
or  offers  for  sale,  or  otherwise  disposes  of  any  article  of  food,  drink,  drug  or  medicine, 
know  Log  that  the  saint-  has  become  tainted,  decayed,  spoiled  or  otherwise  unw  hole- 
some  or  unfit  to  be  eaten  or  drank,  with  intent  to  permit   the  same  to  be  eaten  or 

drank  by  any  person  or  animal,  is  guilty  of  a  misdemeanor. 
Revised  Codes  of  L903,  Penal  Code,  ch.  38,  pp.  1149-1150, 

l.'{.'{4.  One  who  makes  a  business  of  selling  provisions  for  domestic  use,  warrants. 
by  a  sale  thereof,  to  one  who  buys  for  actual  consumption  and  do1  for  the  purpose  of 
sale,  that  they  an-  Bound  and  wholesome. 

Revised  Codes,  L903,  Civil  Code,  p.  766. 

l.  Creation  of  food  <in<l  dairy  department;  commr  C      I         and  Dairy 

Department  of  the  state  of  South  Dakota  is  hereby  created.  Said  department  shall 
be  in  charge  of  an  officer  to  be  known  as  food  and  dairy  commissioner,  \\  bo  -hall  be 
appointed  by  the  governor,  by  and  with  the  consent  of  the  senate,  °  The  term  of 
other  of  said  commissioner  shall  commence  on  the  first  Monday  in  Pebruai 

odd  numbered  year  an.  1  -hall  lie  for  a  term  of  two   years,  of  until  his  sueee.-sor  shall 

be  appointed  and  shall  qualify.  Vacancies  occurring  in  the  office  for  any  cause  shall 
be  filled  by  appointment  by  the  governor  for  the  unexpired  term.  Said  commis- 
sioner shall  give  a  bond  of  16,000  running  to  the  state  The  salary  of  said  commis- 
sioner shall  be  twelve  hundred  dollar-  per  annum. 


a  So  i,    - 


586  FOODS    AND    Fool)    CONTROL. 

Sec.  2.  Appointments  by  commissioner.  The  food  and  dairy  commissioner  shall  have 
the  power  to  appoint  a  department  analyst  and  such  inspectors  and  office  assistants 
as  shall  be  necessary  to  carry  out  the  provisions  of  this  act,  and  to  fix  their  compen- 
sation. 

Sec.  3.  Duties  of  commissioner — enforcement;  reports;  licenses.  It  shall  be  the  duty  of 
the  said  commissioner  to  enforce  all  laws  that  now  exist,  or  that  may  hereafter  be 
enacted,  in  this  state,  for  the  purpose  of  preventing  adulteration,  misbranding  and 
imitation  of  foods,  beverages,  candies  and  condiments;  to  enforce  the  laws  regarding 
the  production,  manufacture  and  sale  of  dairy  products,  and  to  perform  such  other 
duties  as  may  be  provided  by  law.  He  shall  make  annual  report  to  the  governor  for 
each  fiscal  year  ending  June  30th,  showing  in  detail  the  work  of  this  department, 
lb-  -hall,  also,  so  far  as  practicable,  either  in  person  or  by  his  agents,  encourage, 
assist  and  instruct  those  desiring  him  to  do  so,  in  the  organization  of  creameries  or 
cheese  factories,  associations  and  corporations,  by  lectures,  pamphlets  or  practical 
demonstration.  He  shall  also  license  buttermakers  and  cheesemakers,  creameries 
and  cheese  factories  in  the  manner  hereinafter  provided. 

Sec.  4.  Department  analyst.  It  shall  be  the  duty  of  the  department  analyst  to  make 
such  chemical  analysis  and  tests  as  may  be  required  of  him  by  the  food  and  dairy 
commissioner,  and  to  report  the  result  of  such  analysis  to  said  commissioner  as  soon 
as  practicable. 

.  5.  Expenses.  The  necessary  and  actual  expenses  of  the  commissioner,  analyst, 
inspectors  and  other  employees  of  the  department  shall  be  paid  monthly,  upon  duly 
itemized  and  certified  bills,  in  the  manner  provided  by  law. 

<i.  Definitions.  The  term  "food"  as  used  herein  shall  include  all  articles  used 
for  food,  drink,  flavoring,  confectionery  or  condiment,  by  man  or  domestic  animals. 
whether  simple,  mixed  or  compound. 

7.  Adulteration  defined.  For  the  purposes  of  this  act  any  article  of  food  shall 
he  deemed  to  be  adulterated  in  any  oHhe  following  cases: 

1.  Ifany  substance  or  substances  has  or  have  been  mixed  with  it  so  as  to  reduce 
or  lower  or  injuriously  affect  its  quality,  strength  or  purity. 

2.  If  any  substance  or  substances  lias  or  have  been  substituted  wholly  or  in  part 

for  it. 

.'5.    If  any  valuable  ingredient  or  constituent   of  the  article  has   been  wholly  or  iii 

pari  abstracted  from  it. 
4.  If  it  contain  any  added  poisonous  or  other  ingredient  which  may  render  such 

article  injurious  to  the  health  of  the  person  consuming  it. 

.">.    If  it  consists  in  whole  or  in  part  of  a  diseased,  filthy  or  decomposed  animal  or 
iMe  BUbstance,  or  any  portion  of  an  animal  unlit   for   food,  whether   manufac- 
tured or  not,  or  if  it  is  the  product  of  a  diseased  animal,  or  one  that    has  died  other- 
wise than  by  slaughter. 

6.    If   it    he   mixed,   colored,   coated,    powdered,  polished,  or   -tained    in   a    manner 

whereby  its  tine  color  or  character  is  concealed. 

Misbranding  defined,    lor  the  purposes  of  this  act  an  article  shall  be  deemed 

to  he  misbranded  in  any  of  the  following  cases: 

1.  If  it  he  offered  for  sale  under  the  distinctive  name  of  another  article. 

2,  If  it  is  labeled  or  branded  bo  as  to  mislead  the  purchaser  as  to  the  true  char- 
acter of  the  composition  of  the  article  or  compound. 

:;.  If  the  package  containing  it  or  the  label  shall  hear  any  statement,  design  or 
device  regarding  the  ingredients,  or  the  substances  contained  therein,  which  state 
ment,  design  or  device  shall  he  false  <"  misleading  in  any  particular,  or  if  the  same 
is  falsely  branded  or  labeled  a-  to  the  Btate,  territory  or  country  in  n  hich  it  is  manu- 
factured or  produced. 

-i<.  '.i    Labeling  of  mixtures,  <t<-.     Any  article  of  food  which  does  not  contain  any 

added  poisonOUfl  'f  deleterious  ingredients,  shall  not   he  deemed  to  he  adnlterated  or 


BOUTH    DAKOTA.  587 

inisbranded  within  the  meaning  of  this  act,  provided,  such  article  be  plainly  and 

conspicuously  labeled  or  branded  so  as  to  indicate  that  it  is  a  mixture,  compound, 
combination,  imitation  or  blend,  and  shows  the  true  character  and  constituents  used 
therein,  provided  that  this  provision  shall  not  be  construed  to  authorize  the  use  of 
artificial  coloring  matter  or  preservatives.  And  provided  further,  that  any  article 
consisting  of  such  a  mixture,  compound,  combination,  imitation  or  blend  shall  be 
plainly  labeled  or  branded  upon  the  outside  and  face  of  the  package  or  container 
from  or  in  which  said  article  shall  be  sold,  with  the  names  and  proportions  of  its 
constituent  parts  appearing  upon  the  same  label  and  in  as  large  and  prominent  char- 
acters or  type  as  the  trade  name  of  such  article. 

Sec.  10.  Sale  of  adulterated  or  misbranded  food  unlawful.  It  shall  be  unlawful  for 
any  person,  acting  for  himself  or  as  the  servant  or  agent  of  any  other  person,  firm  or 
corporation,  to  manufacture,  sell,  offer  or  expose  for  -ale  any  article  of  food  which  is 
adulterated  or  inisbranded  within  the  meaning  of  this  act. 

Sac.  11.  Prepared  foods  must  be  labeled  as  to  manufacturer  and  factory.  It  shall  be 
unlawful  for  any  person  to  Bell,  offer  or  expose  for  -ale  any  article  of  prepared  foods, 
mill—  the  true  name  of  the  manufacturer  and  the  location  of  the  factory  where  Mich 
article  of  food  is  prepared  is  plainly  printed  or  stenciled  on  the  package,  box.  can, 
carton  or  other  container. 

[Sees.  12-.'->2;  3o-42  found  under  various  heads  describing  subject  matter.] 

Sb  .  :;.').  Use  of  preservatives  and  dyes  unlawful.  It  shall  be  unlawful  tor  any  person 
to  manufacture,  sell,  offer  or  expose  for  sale  any  article  of  food  to  which  has  been 
added  formaldehyde,  borax,  boracic  acid,  benzoic  acid,  sulphites  or  sulphurous  acid, 
salicylic  acid,  abrastol,  beta-naphthol,  fluorine  compounds,  Baccharine  or-  coal  tar 

.  34.  /'.  natty.     Any  person  violating  any  of  the  provisions  of  the  preceding 

tionfi  of  this  ad  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars, 
or  by  Lmprisonmenl  in  the  county  jail  not  to  exceed  thirty  days,  or  by  both  such  fine 
and  lmprisonmenl  for  each  offe 

8bc.  i-'i.  Penalty  for  hindering  execution  of  law.  Whoever  hinders,  or  obstructs,  or 
in  any  way  interferes  with  the  food  and  dairy  commissioner,  or  his  employes,  deputies 
or  inspectors,  in  the  performance  of  his  or  their  duty,  shall  be  punished  by  a  tine  of 

fifty  dollar.-  ($60)  for  the  first  offense,  and  one  hundred  dollars  ($100)  for  each  sub- 
sequent offense,  and  shall  stand  committed  to  the  county  jail  until  such  line  i-  paid 
a-  |.io\  ided  by  law  . 

ii.  Article  eight  (8)  and  Article  ten  (io i.  of  Chapter  twenty-seven    . 
the  Revised  Political  Code,  and  all  other  acts  and  part-  of  acts  in  conflici  with  this 
act  are  thereby  repealed. 

Approved  February  24,  1906.     Law- of  L905,  ch.  IN,  pp.  Ifil    168. 
LLOOHOLIC  BEVEB  \<.l  - 

7.V2.  Adulteration  of  liquors.  It  -hall  be  unlawful  for  any  person  or  persons  to 
adulterate  or  cause  to  be  adulterated  any  intoxicating,  vinous  or  spirituous  liquors 
to  be  offered  for  -ale  a-  a  beverage  or  for  medicinal  purposes  by  mixing  with  the 
same  any  coloring  matter  or  any  drug  or  foreign  ingredient  whatever,  or  by  mixing 

the  same  with  other  Liquors  of  different    kind  ->r  quality  or  with  water.  ..t   to  -ell  or 

offer  t'M  -ale  for  Mich  purposes  such  I  iquoTi  so  adulterated,  it  -hall  be  unlawful  for 
anj  person  to  mil  vrithanj  vinous  or  spirituous  liquors  thai  maj  be  offered  for  sale 

by  him  or  hi-  agent  an\  -ub-tan.-e  or  ingredient  not  normal,  orany  unheallhful  ingre- 
dient  w  hatSOever,  or  any  BUbstance  that  may  be  deleterious  OF  detrimental  t>.  health. 

when  Mich  liquors  ate  to  be  used  as  a  beverage  or  for  medicinal  purposes  It  shall 
be  unlawful  to  iel]  oi  otter  foi  sale  in  this  state  an}  vinous  oi  spirituous  liqu< 


58<S  FOODS    AND    FOOD    CONTROL. 

be  used  as  a  beverage  or  for  medicinal  purposes,  that  are  not  chemically  pare  and 

free  from  all  unnatural  or  abnormal  ingredients. 

753.  Penalty.  Any  person  violating  any  of  the  provisions  of  the  preceding  section 
shall  be  deemed' guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars  for  each  offense,  or  by  imprison- 
ment id  the  county  jail  for  not  less  than  thirty  days  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Approved  March  8,  L901.  Session  Laws  1901,  eh.  L42,  p.  244;  Revised  Codes  1903; 
Penal  (ode  eh.  57.  p.  L183. 

Sec.  1.  Adulteration  unlawful;  must  be  chemically  pure.     It  shall  be  unlawful  for  any 

person  or  persons  to  adulterate  or  cause  to  be  adulterated  any  vinous,  spirituous, 
malt,  brewed,  fermented  or  other  intoxicating  liquors  to  be  offered  for  sale  as  a  bev- 
erage [or]  for  medicinal  purposes  by  mixing  with  the  same  any  coloring  matter  or 
any  drug  or  foreign  ingredient  whatever,  or  by  mixing  the  same  with  other  liquors 
of  different  kind  or  quality,  or  with  water,  or  to  sell  or  offer  for  sale  for  such  pur- 
Buch  liquors  so  adulterated;  to  mix  with  any  vinous,  spirituous,  malt,  brewed. 
fermented  or  other  intoxicating  liquors  that  may  be  offered  for  sale  by  him  or  his 
agent,  any  substance  or  ingredient  not  normal,  or  any  unhealthful  ingredient  what- 
soever, or  any  substance  that  may  be  deleterious  or  detrimental  to  health,  when  such 
liquors  are  to  be  used  as  a  beverage  or  for  medicinal  purposes:  or  offer  for  sale  in 
this  state  any  vinous,  spirituous,  malt,  brewed,  fermented  or  other  intoxicating 
liquors  to  be  used  as  a  beverage  or  for  medicinal  purposes  that  are  not  chemically 
pure  and  free  from  all  unnatural  or  abnormal  ingredients.  It  is  hereby  made  the 
duty  of  the  food  and  dairy  commissioner  of  this  state  to  provide  for  the  analysis  of 
such  liquors,  under  the  same  regulation-  as  are  by  law  prescribed  for  the  testing  of 
articles  of  food,  to  enforce  the  provisions  of  this  act,  and  to  prosecute  violations 
thereof. 

2.  Penalty.  Any  person  violating  any  of  the  provisions  of  the  preceding  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars,  and  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  nor  more  than  thirty  days,  01 
by  both  such  line  and  imprisonment. 

Approved  .March  7,  1906.    Session  Laws  of  1905,  ch.  L21,  pp.  177  178. 

2868.  Addition  of  deleterious  drug,  etc.;  penalty.  U  any  person  shall  adulterate 
any  spirituous  or  alcoholic  Liquors,  used  or  intended   tor  drink,  by  mixing  the  same 

in  the  manufacture  or  preparation  thereof,  or  by  process  of  rectifying  or  otherwise, 
with  any  deleterious  drug,  substance  or  liquid,  or  If  any  person  shall  sell  or  offer  to 
sell  any  such  spirituous  or  intoxicating  liquors  from  any  barrel,  cask  or  vessel  con- 
taining the  same,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  bj  a  fine  not  exceeding  five  hundred  dollars  and  not  le.-s 
than  ftft)  dollars,  and  shall  be  imprisoned  in  the  jail  of  the  county  nol  more  than 

si\  months  nor  less  than  ten  days. 

Revised  Codes  L903,  Political  Code,  p. 

BAKING   POWDER,  a 

L2.    Unwholesonu    substances    prohibited;  lot,,/.      No    person   shall    manufacture. 

Bell,  offer  or  expose  for  sale  any  baking  powder  thai  contains  an}  deleterious,  injurious 
or  unwholesome  substance.  There  shall  be  securely  affixed  to  every  box,  can  or 
package  containing  baking  powder,  or  any  mixture  or  compound  Intended  for  use 

BJ  a  baking  powder,  a  light  colored    label    upon  the  outside  and  face  of  w  bich  is  dis- 

■  General  Food  Laws,  p  34,  13,  for  penalty. 


SOUTH    DAKOTA.  589 

tinctly  printed  in  black  ink  in  legible  type  no  smaller  than  brevier  heavy  gothic 
caps  the  name  and  residence  of  the  manufacturer,  and  the  words,  "  This  baking 
powder  is  composed  of  the  following  ingredients  and  none  other:  "  and  immediately 
after  said  words  shall  be  printed  in  the  above  style  type  the  true  and  common  name 
of  each  and  all  of  the  ingredients  contained  in  or  constituting  a  component  part  of 
such  baking  powder,  mixture  or  compound. 

Approved  February  24,  1905.     Laws  of  1905,  ch.  114,  pp.  163-164. 

CANDY." 

14.  It  shall  be  unlawful  for  any  person  to  manufacture,  sell,  offer  or  ex  pose 
for  sale  any  candy  which  contains  terra  alba,  barytes,  talc,  parraline.  &  chrome  yellow 
or  other  mineral  substances  or  poisonous  colors  or  flavors  or  other  ingredients  inju- 
rious to  health. 

Approved  February  24,  1905.     Laws  of  L905,  ch.  114,  p.  164. 

CATSUP,  a 

Sbc.  L5.  Artificial  color  and  fillers  prohibited.     It  shall  be  unlawful  for  any  person 

to  manufacture,  sell,  offer  or  expose  for  sale  any  catsup  which  contain-  artificial 
coloring  matter,  added  starch  or  other  substance  used  as  tiller. 

Approved  February  24,  1905.     Laws  of  1905,  ch.  114.  p.  L64. 

CIDER. 

18.  Standard.  It  shall  be  unlawful  for  any  person  to  manufacture.  Bell,  offer 
or  expos.'  for  sale  cider  not  produced  wholly  from  unferniented  juice  of  the  apple. 

Approved  February  24,   L905.      Laws  of  1905,  ch.  114,  p.  L64. 

DAILY    PRODUCTS.  ' 

13.  Butter  standard.  It  shall  be  unlawful  for  any  person  to  manufacture,  sell, 
offer  or  expose  for  Bale  as  butter  any  article  that  is  not  produced  from  whole  milk  or 
cream  or  thai  contains  any  preservative  other  than  common  salt,  or  thai  contains 
Lees  than  82.5  per  cenl  of  butterfat.  Provided,  that  nothing  in  this  act  shall  prohibit 
the  use  of  harmless  additional  coloring  matter  in  butter. 

L6.  Cream  standard.  It  shall  be  unlawful  for  any  person  to  sell  or  offer  for 
sale  cream  which  contains  Leas  than  eighteen   per  Cenl  of  butterfat.  or  to  which  any 

preservative  has  been  added. 
Sbc.  17.  '  *dard.     It  shall  be  unlawful  for  any  person  to  manufacture,  sell, 

offer  or  expose  for  Bale  any  cheese  which  contains   less  than  fifty  per  cent  of  butter- 
fat.    Provided,  that  cheese  containing  less  than  fifty  per  cent  of  butterfat  may  be 
sold  if  plainly  and  conspicuously  labeled  or  stenciled  '-skim  Cheese"  or  ■■  [mil 
( !heeee." 

H7/'//,  milk  standard.     It  shall  be  unlaw  fid  for  any  person  to  sell,  or  offer  for 
sale,  for  consumption,  as  whole  milk,  or  sell,  Bupply,  or  bring  as  w  bole  milk 
manufactured  into  any  article  of  butter  or  cheese,  to  an}  creamery  or  che< 

an\   milk  diluted  with  water  or  containing  more   than   eighty-Seven    per  centum   of 

water  fluids,  or  leas  than  thirteen  per  centum  of  milk,  solids,  of  which  no1  less  than 
three  per  (■.•in mi i  shall  be  butterfat,  or  any  impure,  unclean,  unhealthy,  adult, 
or  an  wholesome  milk,  or  cream  from  tin-  same,  or  milk  from  cows  within  I 

•  i.d  I- l  Lav*  ■  '..  for  pei  i 

in  Man,   I 

also  ( reneral  Food  Law.-,  p, 


590  Foods  AND  FOOD  CONTROL. 

days  before  or  five  days  after  parturition,  or  milk  to  which  any  preservative  has 
been  added. 

29.  Careofcow8.  It  shall  be  unlawful  for  any  person  to  keep  cows  in  a 
crowded  or  unhealthy  condition  for  the  production  of  milk  for  market  or  for  sale  or 
exchange,  or  to  he  manufactured  into  articles  of  batter  or  cheese,  or  feed  cowa  on 

food  that  produces  impure,  unhealthy,  diseased  or  unwholesome  milk,  nor  sell  any 
such  milk  to  any  person  or  persons,  or  deliver  milk  from  diseased  COWS  to  any 
creamery  or  cheese  factory.  No  person  shall  manufacture  from  impure,  unhealthy, 
diseased  or  unwholesome  milk,  or  cream  from  the  same,  any  article  of  butter  or 
cheese. 

Sec.  30.  Oleomargarine  standard.  It  shall  he  unlawful  forai  y  person  to  manufac- 
ture, sell,  offer  or  expose  for -ale,  deliver,  or  have  in  his  possession,  with  intent  to 
sell  or  deliver,  any  oleomargarine  which  contains  methyl  orange,  butter  yellow, 
annato,  analinedye,  or  any  other  coloring  matter.  The  word  oleomargarine,  as  used 
in  this  act,  shall  he  construed  to  mean  any  substance nol  pure  butter  of  not  less  than 
eighty  per  cent  of  butterfats,  which  substance  is  made  as  a  substitute  for,  in  imita- 
tion of,  or  to  be  used  as  butter. 

Sec.  36.  Licenses  for  creameries  and  cheese  factories.  Every  creamery  and  cheese 
factory  proprietor  or  corporation  shall,  on  the  first  day  of  April,  each  year,  or  within 
thirty  days  thereafter,  he  licensed  by  the  food  and  dairy  commissioner,  to  manufac- 
ture from  pure  milk  or  cream,  butter  or  cheese,  or  both,  and  shall  pay  to  said  com- 
missioner the  sum  of  one  dollar  for  each  and  every  factory  owned  and  operated  by 
said  individual  or  corporation.  No  license  shall  he  sold  or  transferred.  Each  license 
shall  record  the  name  of  the  owner  or  corporation,  place  of  business,  the  location  of 
the  factory  or  skimming  station,  and  the  number  of  the  same.  Each  licensee  shall. 
before  engaging  in  the  manufacture  of  butter  or  cheese,  cause  the  number  of  the 
license  to  he  placed  conspicuously  on  the  wall  on  the  inside  of  said  factory  or  skim- 
ming station,  and  he  or  they  shall  report  to  the  said  commissioner,  on  blanks 
furnished  by  said  commissioner,  the  names  ami  postomce  address  of  all  the  officers 
of  said  factory,  including  the  butter  or  cheese  maker.  Any  change  in  the  manage- 
ment, or  buttermaker  or  cheesemaker,  during  the  term  of  said  license  shall  he 
properly  reported  to  the  said  commissioner. 

Sec.  •'!').  Monthly  tepori  from  creameries,  <'!<■.  Every  manager,  secretary,  superin- 
tendent, or  person  in  charge  of  any  creamery,  cheese  factory,  or  renovating  or  process 
butter  factory  in  this  state,  shall  make  a  monthly  report  to  the  food  and  dairy  com- 
missioner, not  later  than  the  last  < lay  of  each    month,  of  the   product    of  the   factory 

and  such  other  information  as  the  commissioner  may  require,  for  the  preceding 

month,  ending  on  the  last  day  thereof.  blanks  upon  which  to  make  such  reports 
-hall  he  procured  from  the  said  commissioner. 

37.  Cheest  l>r<iml.<.  Every  person  who  shall,  at  any  cheese  factory  in  this 
state,  manufacture  cheese,  ami  -hall  fail,  at  the  factory  where  it  was  made,  to  dis- 
tinctly and  durably  -tamp  on  the  bandage  of  every  such  cheese  and  on  the  box  con- 
taining  the  same,  in    full-faced    capit.il    letters,    the    location    of  the  lactory  and   the 

grade  of  the  cheese,  "South  Dakota  Full  Cream  Cheese,"  "Skim  "  or  "Imitation,"  as 
herein  denned,  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  as  hereinafter 
provided.     Brands  and  stencils  for  stamping  shall  be  procured  of  the  food  and  dairy 

commissioner.    The  f I  and  dairy  commissioner  is  hereby  authorized  and  directed 

ue  to  each  cheese  factory,  upon  proper  application  therefor,  uniform  stencils  or 
brands  to  be  used  a-  provided  in  this  section. 

88.  Furnishing  of  stencils;  record.  The  food  and  dairy  commissioner  shall 
issue  at  i  "-i  stencils  ami  brande  provided  tor  in  section  :;7  of  this  article  |  act  ],  upon 
proper  application  therefor,  and  shall  keep  a  hook  in  hi-  office,  which  book  -hall 
contain  a  record  of  the  number  of  each  brand  issued  and  the  names  and  locations  of 
the  factories  receiving  the  same,  ami  no  factory  other  than  the  one  to  which  such 
brand  or  Btencil  is  issued  shall  use  the  same. 


SOUTH     DAKOTA.  591 

39.  Qualifications  of  butter  and  cheese  makers.  Ajiy  person  desiring  to  engage 
in  the  occupation  of  buttermaker  or  cheesemaker,  in  any  creamery  or  cheese  factory 
in  the  state,  shall  make  application  to  and  procure  from  the  food  and  dairy  commis- 
sioner a  license  to  engage  in  such  occupation.  Such  license  shall  be  issued  upon 
satisfactory  examination  as  to  the  qualifications  of  the  applicant  If  the  applicant 
furnishes  to  the  commissioner  satisfactory  recommendations  from  the  manager  or 
board  of  directors  of  the  factory  in  which  he  may  have  been  employed,  of  his  ability 
as  a  buttermaker  or  cheesemaker,  such  recommendation  may  be  accepted  in  lieu  of 
an  examination. 

Sir.  4(1.  Manipulation  of  Babcoch  test.  It  shall  be  a  misdemeanor  for  the  owner, 
manager,  agent  or  any  employe  of  any  creamery  or  cheese  factory  to  manipulate  or 
under-read  the  Babcock  test  or  any  other  contrivance  used  for  determining  the  quality 
or  value  of  milk. 

Sec.  41.  Imported  products  unlabeled.  Any  adulterated  foods,  or  imitation  butter  or 
cheese  .-hipped  into  this  state,  not  labeled  as  provided  by  law  in  this  state,  may  be 
seized  by  the  food  and  dairy  commissioner  and  confiscated  by  him. 

8bc.  42.  Penalty.  Any  person  violating  any  of  the  provisions  of  sections  35,  36, 
37,  39  or  40  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  by  imprisonment  in  the  county  jail  for  not  Less  than  ten  nor 
more  than  thirty  days,  or  by  both  such  fine  and  imprisonment 

Approved  February  24.   L905.      Laws  of  1905,  ch.   114,  pp.  164-168. 
FLAVORING    EXTRACTS. 

Bac.  19.  Artificial  flavorings  must  be  so  labeled.  It  shall  be  unlawful  for  any  person 
to  manufacture,  sell,  offer  or  expose  for  Bale  as  extracts,  flavorings  which  are  not 
made  from  the  natural  fruit,  unless  same  are  labeled  "Artificial."  frovided,  that 
the  word  artificial  must  immediately  precede  the  name  of  the  flavoring  and  in  type 
i'i     aame  size  and  style.      Such  flavorings  shall  be  Eree  from  artificial  coloring  matter. 

S  c.  21.  Standard  lemon  extract;  labels.  It  shall  be  unlawful  for  any  person  to 
manufacture,  sell,  offer  or  expose  for  sale  any  extract  of  lemon,  essence  of  lemon,  or 
spirits  of  lemon,  containing  less  than  five  per  cent  of  pure  oil  of  lemon  dissolved  in 
ethyl  alcohol,  or  to  which  ha-  been  added  any  artificial  coloring  matter,  other  than 
that  derived  from  Lemon  peel.  Any  preparation  containing  less  than  five  per  cent  of 
lemon  oil  dissolved  in  ethyl  alcohol  may  be  sold  it'  labeled  "Imitation  Lemon 
Extract"  Provided,  that  the  word  •'imitation"  is  in  no  smaller  type  than  the 
name  of  the  article,  and  BaJd  preparation  shall  contain  no  added  coloring  matter. 

Sec.  22.  Standard  vanilla  extract;  labels.  It  shall  be  unlawful  for  any  person  to 
manufacture,  sell,  offer  Or  expose  for  Bale  extract  Of  vanilla,  essence  of  vanilla,  or 
spirits  of  vanilla,  not  made  wholly  from  the  extractive  matter  of  vanilla  beans  dis- 
solved in  ethyl  alcohol,  containing  do!  less  than  forty  per  cent  alcohol  by  volume 
and  free  from  all  foreign  coloring  matter.  Imitation  vanilla  flavoring  containing  any 
substance  or  substances  other  than  the  extracth  e  matter  derived  from  vanilla  bean-, 
must  be  labeled  with  the  name  of  each  ingredient  contained  therein,  in  legible  type 
of  equal  rite  and  style,  and  must  be  free  from  all  foreign  coloring  matter. 

Approved  February  24,  L905.     Laws  of  1906,  ch.  lib  pp.  L64   165. 

HON]  \ 

8»    20.  Standard.     It  -hall  be  unlawful  for  any  person  to  sell,  offer  oi  expose  for 

Bale  any  honey  which  ha-  not  been  wholl\    made  Ky  bee-  from  the  natural  secretions 
o|'  flowen  and  plant-. 

Approved  February  21.  L906.     Laws  of  1906,  ch    Mb  p,  164, 


1  .eneral  Food  ban-,  p,  •  penalty. 


592  FOODS  AND  FOOD  CONTROL. 

LARD." 

Sec  23.  Standard.  It  shall  be  unlawful  for  any  person  to  manufacture,  sell,  offer 
or  expose  for  sale  as  lard  any  product  not  wholly  and  legitimately  and  exclusively 
the  rendered  fresh  fat  from  slaughtered  healthy  hogs. 

Approved  February  24,  1905.     Laws  of  1905,  ch.  114,  p.  165. 

MEAT. 

294-4.  Butcher1  s  record.  Any  person  now  engaged,  or  who  may  hereafter  engage, 
in  the  business  of  a  butcher  in  this  state,  shall  keep  a  record  of  all  branded  beef  ani- 
mals he  may  slaughter,  giving  age.  sex,  marks  and  brands,  of  whom  purchased  and 
date  of  said  purchase,  which  record  shall  at  all  times  be  open  for  public  inspection 
at  his  place  of  busini 

2945.  Brands  on  hides — to  be  exhibited.  It  shall  be  unlawful  for  any  person  or  per- 
sons who  occasionally  slaughter  cattle  for  beef  to  offer  for  sale  said  beef  without 
exhibiting  the  hide  or  hides  of  such  beef  at  the  time  and  place  said  beef  is  offered 
for  sale.  And  it  is  provided  further  that  the  brand  or  brands  on  the  hide  bo  exhibited 
must  not  have  been  changed,  mutilated  or  destroyed. 

294(J.  Cattle  slaughtered  for  home  consumption.  All  persons  other  than  butchers, 
who  occasionally  slaughter  cattle  for  beef,  either  for  home  consumption  or  other  pur- 
poses, shall  keep  the  hide  or  hides  of  such  branded  animals  so  slaughtered  for  a 
period  of  not  less  than  ten  days,  subject  to  inspection  by  any  person  or  persons. 

2947.  Penalty.  Any  person  who  shall  violate  any  of  the  provisions  of  the  three 
■  ling sections  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof 
shall  be  punished  by  a  line  not  exceeding  five  hundred  dollars  or  by  imprisonment  in 
the  county  jail  not  exceeding  live  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment  in  the  discre- 
tion of  the  court. 

Revised  Codes,  L903;  Political  Code,  p.  5.S5. 

.  26.  Slaughter  of  calves.     It  shall  be  unlawful  for  any  person  to  slaughter  for 

the  purpose  of  sale  as  food,  expose  for  sale,  or  sell,  or  bring  or  cause  to  be  brought 
into  any  city,  town,  or  village,  within  the  state,  for  food,  any  calf  or  carcass  of  the 
same,  or  part  thereof,  unless  it  is  in  good  healthy  condition,  and  \\a-  at  least  four 
week-  of  age  a!  the  time  of  killing. 

9b  .  2»i.  Slaughter  of  other  animal*.  It  shall  be  unlawful  for  any  person  to  slaugh- 
ter for  the  purpose  of  sale  as  food,  Or  expose  for  sale,  or  sell,  or  bring  or  cause  to  be 
brought  into  any  town  or  city,  town  or  village,  within  the  suite,  for  food,  any  animal 

or  carcass  of  the  same,  or  part  thereof,  unless  the  Bame  was  in  good  healthy  condi- 
tion ,it  the  time  of  killing. 

27.  Preserved  meats.  It  shall  be  unlawful  for  any  person  to  gell,  offer  or 
expose  for  Bale  any  pickled,  prepared,  preserved  or  canned  meats,  in  the  prepara- 
tion of  which  any  tainted,  diseased  or  unwholesome  meat  has  been  used,  or  to  w  hich 

ha--  been  added  any  injurious  oc  prohibited  preservative  or  anj  artificial  coloring 
matt  r. 
Approved  February  24,  1905.     Laws  of  1906,  ch.  mi,  p.  L66. 

I.   Municipal  inspection  of  slaughter  houses.     Any  citj  or  village  in  this  state 

may  appoint  an    Inspector  or  inspectors  of   animals   ami    meat   supplies  intended  for 

human  consumption  therein,  license  the  sale  thereof,  provide  for  the  regulation  of 

Blaughter  house-  wherein  such  animals  intended  for  use  :i^  human  food   in  such  city 

or  village  are  slaughtered,  and  the  markets  and  places  where  meal  intended  for  con- 
■  l  reneral  E I  Lav<  1 i.  13,  for  penalty. 


SOUTH     DAKOTA.  593 

sumption  as  human  food  is  kept  or  offered  for  sale  within  such  city  or  village,  the 
vehicle  in  which  such  meat  is  transported,  or  from  which  same  is  sold,  offered  for 
sale,  or  disposed  of  for  said  purpose. 

Sec.  2.  Licenses.  No  person  or  persons  shall  vend  or  offer  for  sale  in  any  city  or 
village  having  an  inspector  of  meats,  as  provided  by  this  act,  any  meat  intended  for 
human  consumption,  whether  slaughtered  within  such  city  or  village  or  elsewhere, 
unless  licensed  to  do  so  by  the  city  council  or  the  board  of  trustees  thereof.  Any 
person  or  persons  desiring  so  to  do  may  apply  to  the  auditor  of  such  city  or  village 
clerk  for  a  license;  but  the  auditor  or  clerk  shall  not  issue  same  until  the  applicant 
thereof  presents  a  statement  in  writing,  signed  by  him,  which  shall  fully  state:  (a) 
The  name  and  residence  of  said  applicant;  (b)  the  exact  location  or  place  from 
which  said  applicant  obtains  his  meats,  whether  slaughtered  by  himself  in  whole  or 
in  part;  (c)  the  manner  in  which  said  applicant  intends  to  dispose  of  his  meats  when 
licensed;  (d)  a  written  consent,  granting  permission  to  the  meat  inspector,  the  health 
officer  or  his  representative,  or  any  member  of  the  board  of  health,  the  mayor  or  any 
alderman  of  said  city,  or  the  president  and  trustees  of  said  village,  free  and  open 
access  to  the  slaughter  house  in  which  he  proposes  to  slaughter,  or  vehicle  from 
which  his  meat  is  sold,  for  the  purpose  of  making  inspection  <»f  said  premises,  market 
or  vehicle.     Blanks  for  such  applications  shall  be  furnished  by  the  clerk. 

Each  applicant  for  a  license  shall  also  stipulate  in  writing  that  he  will  faithfully 
conform  to,  and  cause  the  slaughter  house,  market  or  vehicle,  owned,  leased  or 
occupied  by  him,  to  comply  in  all  respects  with  the  requirements  of  the  ordinance 
of  said  city  or  village,  enacted  under  the  provisions  of  this  act,  and  pay  such  License 
fee  as  shall  be  prescribed  therein.  The  city  auditor  or  village  clerk  shall  not  issue 
any  license  until  the  meat  inspector  shall  have  examined  into  the  sanitary  condition 
and  cleanliness  of  the  slaughter  house  to  be  used  by  the  applicant,  or  the  market 
u  In  -re  his  meat  is  to  be  sold  or  offered  for  sale,  and  shall  certify  that  Bame  comply 
with  the  requirements  of  the  ordinance  in  force  therein.  The  mayor  of  said  city,  or 
president  of  said  village,  may  at  any  time  revoke  and  suspend  any  license  issued  pur- 
suant thereto,  if  upon  investigation  and  report  of  the  meat  inspector,  and  after  hear- 
ing the  holder  of  such  license  Bummarily,  he  shall  find  the  condition  of  the  slaughter 
house  where  meat  is  slaughtered,  or  the  market  or  vehicle,  or  the  meal  offered  for 
sale,  to  be  in  violation  of  the  provisions  of  said  ordinance,  filthy  or  detrimental  to  the 
public  health;  which  revocation  shall  continue  until  such  person  shall  have  fully 
complied  with  the  requirements  of  this  act  and  the  provisions  of  said  ordinance. 
This  section  Shall  apply  to  slaughter  houses,  whether  situated  within  or  without  the 
city  limits. 

Provided,  however,  the  provisions  of  this  ad  shall  aot  apply,  to* any  farmer  or 
stockman,  or  owner  of  fowls,  or  who  slaughters  for  his  own  use  or  for  market  his 
ow  n  live  stock  and  fow  Is,  of  any  kind  or  description,  \\  hen  he  is  not  engaged  gener- 
ally in  the  business  of  slaughtering. 

:;.  Authority  of  meat  Inspector.  Each  city  or  village  having  a  meat  insp 
under  the  provisions  of  this  act  shall  establish  by  ordinance  such  requirements,  in 
conformity  herewith,  as  are  accessary  for  the  purpose  of  excluding  from  within  it- 
limits,  for  .-ale  or  use  as  human  food,  any  diseased  or  unwholesome  meat  which  has 
been  prepared,  dressed  or  stored  in  an  unsanitary  or  filthy  place;  and  each  city  or 
village  shall  authorise  and  empower  its  Inspector  or  inspectors  to  enforce  Buch  testa 
and  requirements,  and  shall  provide  and  enforce  suitable  penalties  foT  the  violation 

of  the  provisions  of  sucfi  ordinance. 

Si.,  t.  Appointment  of  inspector  and  deputies;  reports,     Am  tritj   "r  village,  having 
enacted  an  ordinance  under  the  provisions  of  this  act,  shall  immediately  appoint  a 
person  qualified  by  education  and  experience  toproperlj  perform  the  duties  of  the 
office  of  Inspector,  who  shall  hold  bis  office  for  one  year  and  until  his  SOOOSfl 
appointed  and  qualified,  and  such  deputies  with  like  qualifications  as  may  be  □ 
18621— No.  09,  pi  ■     <" f 


5(.>4  FOODS     AND     POOD    CONTROL. 

sary,  who  shall  hold  office  for  a  like  term;  and  such  inspector  and  all  deputy  inspec- 
tors shall  take  an  oath  of  office  to  faithfully  and  impartially  discharge  all  the  duties 
thereof.  The  inspector  shall  promptly  report  to  the  city  or  village  attorney,  or  to 
the  proper  prosecuting  officer,  for  prosecution  of  every  violation  of  the  ordinance  in 
force  in  such  city  or  village  under  the  provisions  of  this  act,  and  shall  also  report  to 
the  board  of  health  of  said  city  or  village,  at  least  monthly,  all  inspections  made 
by  him,  and  all  violations  of  said  ordinance. 

Si:t  .  .">.  Sanitation  of  slaughter  houses.  Any  city  or  village  having  enacted  an  ordi- 
nance under  the  provisions  of  this  act  shallspecify  the  following  requirements  for  all 
slaughter  houses  within  its  limits:  (a)  No  slaughtering  shall  be  done  in  barns,  sheds 
or  other  buildings  not  designed  and  not  suitable  for  slaughtering  animals,  and  for 
the  handling,  dressing  and  cooling  of  meats,  (b)  All  slaughter  houses  shall  have 
an  abundant  supply  of  water,  from  a  well  or  other  source  which  is  not  contaminated 
from  the  slaughter  house  or  surrounding  pens  or  enclosure-  <>r  any  part  of  the  prem- 
ises.  (c)  Cooling  and  store  rooms  for  meat  shall  be  properly  ventilated,  (d)  All 
offal  and  refuse  shall  be  removed  from  the  slaughter  house  on  the  day  of  slaughter- 
ing, and  disposed  of  in  a  decent  and  sanitary  manner,  (e)  All  animals  kept  in 
yards  attached  to  slaughter  houses  shall  be  treated  in  a  humane  manner,  and  if  kept 
there  over  twelve  hours  shall  be  fed  and  watered,  (f)  All  pens  and  enclosures  con- 
nected with  any  slaughter  house  shall  be  kept  in  a  proper  sanitary  condition. 

i).  Meat  brought  from  without  city  limits.  Any  city  or  village  having  a  meat 
inspector  Under  the  provisions  of  this  act  may  refuse  to  permit  to  be  brought  within 
its  limits,  to  be  -old  or  offered  for  sale  therein,  any  meat  from  any  slaughter  house 
situated  outside  its  limits  whose  owner,  lessee  or  occupant  has  not  conformed  to  the 
requirements  Bpecified  in  section  live  of  this  act,  and  the  provisions  of  the  ordinance 
enacted  by  said  city  or  village,  pursuant  to  this  act  and  in  force  therein. 

7.  Appropriation.  Any  city  or  village  having  an  Inspector  under  the  pro 
visions  of  this  act  shall  appropriate  out  of  its  general  fund  such  sum- of  money  a- 
shall  be  deemed  proper  for'the  salary  of  the  inspector  and  his  deputies,  and  in  addi- 
tion thereto  may  apply  the  license  fee  and  any  fees  accruing  from  the  inspection  of 
animals  and  meats,  to  he  paid  thereunder,  for  that  purpose,  or  require  said  fees  to 
be  covered  into  the  city  or  village  treasury. 

8.  Duties  of  deputy  inspectors.  All  deputy  inspectors  shall  have  the  same 
powers  and  perform  all  the  duties  devolving  upon  the  inspector,  under  his  direction 
and  superintendence,  except  that  they  shall  make  all  reports  required  by  this  act  to 
the  inspector,  by  whom  same  shall  he  reported,  as  hereinbefore  provided. 

9.  Federal  inspection.  All  meat  which  has  been  inspected  by  federal  authority 
shall  not  be  Bubjed  to  local  inspection,  except  as  to  market,  vehicle  or  place  at  or 
from  which  il  is  to  be  sold  or  offered  for  sale,  and  as  to  changes  or  decomposition. 

Sec.  10.  Possession  of  meat  evidence  Hmt  U  is  meant  for  food.  In  all  prosecutions  for 
violation  of  any  ordinance  enacted  pursuant  to  this  act,  the  fact  that  any  meat  is 
found  in  any  slaughter  house,  market  or  vehicle  within  such  city  or  \  illage  shall  be 
presumptive  evidence  that  the  same  was  intended  for  use  as  human  food. 

Sec.  II.  Location  of  slaughter  houses.     No  slaughter  house  shall  be  established  or 

maintained    nearer   to  the    limits  of   any  city  Or  village    than  is  prescribed    by  law   in 

tin-  state. 
Approved  March  7,  L905.     Session  Law-,  L905,  ch.  L35,  pp.  228-229. 

SPI0ES.C 

31.  [dulteration  defined,  It  shall  be  unlawful  for  any  person,  by  himself,  his 
servant  or  agent,  or  u  the  servant  or  agent  of  any  other  person  or  corporation,  to 


General  Pood  Laws,  p.  587,  sees.  W,  13,  for  penalty 


BOUTH     D4KOTA. 

manufacture,  sell,  offer  or  expose  for  sale  to  the  residents  of  this  state  any  spire-  and 
condiments,  either  ground  or  anground,  which  arc  adulterated  with  any  foreign  sub- 
stance or  substances  within  the  meaning  of  this  article.  The  term  "spices  and  con- 
diments," as  used  herein,  shall  embrace  all  substances  known  and  recognized  in 
commerce  as  spices  and  used  as  condiments,  whether  the  same  be  in  their  natural 
slate  or  in  the  form  which  would  result  from  the  grinding,  milling  or  mixing,  or  the 
(•'impounding  of  the  natural  product. 

Approved  February  24,  L905.     Laws  of  L905,  ch.  114.  p.  bits. 

SYRUPS.* 

24.  Standards.  It  shall  be  unlawful  for  any  person  to  manufacture,  -ell,  offer 
or  expose  For  sale  as  maple  sugar  or  maple  syrup  any  substance  not  tin-  legitimate 
and  exclusive  product  of  the  Bap  of  the  maple  tree;  nor  sorghum  that  is  not  produced 
wholly  from  sorghum  cane;  nor  cane  Byrup  or  molasses  uot  wholly  produced  from 
sugar  cane. 

Approved  February  24,  1905.     Laws  of  L905,  ch.  114.  p.  165. 

VINEGAR. 

,32.  Standards;  cider  and  maU  vinegar .     Et  shall  be  unlawful  for  any  person  to 

manufacture.  Bell,  or  offer  For  sale,  any  vinegar  that  does  not  contain  at  least  four  and 
one-half  per  cent,  by  weight,  of  absolute  acetic  acid,  or  which  contains  any  prepara- 
tion of  copper,  lead,  sulphuric  acid  or  other  injurious  ingredients,  or  any  artificial 
coloring  matter;  and  in  the  case  of  apple  or  cider  vinegar  it  shall  contain  not  less 

than  two  per  cent  by  weight  of  cider  vinegar  solids,  and  be  the  legitimate  product  of 
apple  juice.  And  in  the  case  of  malt  vinegar  it  shall  contain  at  least  two  per  cent  of 
natural  malt  vinegar  solids. 

Approved  February  24.  1905.     Laws  of  1905,  ch.  114,  p.  bin. 
RULINGS  oh  Till.  COMMISSIONER. 

RULINGS  OH     NIK    M"W    PURE    POOO    LAW    TOR   THE   STATE    01     BOUTH    DAKOTA,    I"   GO    INTO 

> :  i  i  i  :<  i    mi.v    1,   1*>05. 

Juru   />•/. 
'I'm  Retail  I  dealers: 

In  order  that  the  provisions  of  the  Food  Law,  which  goes  into  effect  July  l.  1905, 
may  be  enforced  with  as  little  hardship  as  possible,  it  is  hereby  ruled  that  all  goods 
in  the  hands  of  the  retailers  on  .Inly  1.  L905,  which  comply  with  the  present  Pood 
Law  but  which  d<>  not  meet  t  be  requirements  of  the  incoming  law  ,  may  be  sold  until 
October  1,  1905.  But  ;ill  gooda  purchased  or  shipped  into  the  state  on  and  after 
July  I,  L905,  must  conform  strictly  to  the  requirements  of  the  law  then  in  force,  both 
a-  to  quality  and  labelling. 

I     \\ .  Bm  Ml  . 
Food  and  Dairy  <  'onnnii 

i.  The  term  "  Ft  ><  >1  >"  includes  all  articles  used  for  food,  drink,  flavoring,  confec- 
tionery or  condiment,  by  man  or  domestic  animals,  whether  simple,  mixed  or 
compound. 

2.   All  foods  and  be^  erages  must  be  free  from  chemical  preservath  es,  formaldeh)  de, 
borax,  boracicacid,  benzoic  acid,  Bulphites  or  sulphurous  acid,  salicylic  acid,  abi 
i" -ia  naphthol,  fluorine  compounds,  saccharine  or  coal  tar  dyes. 

\ll  food-  and  leverages  nntsl  be  labeled  true  to  name  in  every  n  -|><  >  t 

i.   Every  box,  can,  carton,  or  other  container  must  bear  the  nai f  the  manufac 

turer  and  the  location  of  the  Eactory.     It  must  also  -bow  the  trtie grade,  c 
character  of  t  he  goods, 


i  reneral  I 1  Laws,  p.  58  penal! 


59fi  F<w>i>-    AM)    Fool)    CONTBOL. 

5.  Any  article  of  food  shall  be  deemed  adulterated — if  any  substance  has  been 
mixed  with  it  Lowering  or  injuriously  affecting  its  quality,  strength  or  purity;  if  any 
substance  has  been  substituted  wholly  or  in  part  for  it:  if  any  essential  ingredient 
has  been  wholly  or  in  part  abstracted  from  it;  if  it  contain  any  added  poisonous  or 
other  ingredient  detrimental  to  health;  if  it  consists  in  whole  or  in  part  of  a  diseased, 
filthy  or  decomposed  animal  or  vegetable  substance;  if  it  is  colored,  powdered  or 
treated  in  any  manner  whereby  damage  or  inferiority  is  concealed;  if  it  is  an  imita- 
tion of,  or  sold  under  the  name  of  any  other  substance  or  article. 

6.  The  sale  of  any  adulterated  article  of  food  is  prohibited  unless  the  package 
bears  a  label  with  the  word  "adulterated"  preceding  the  name  of  the  article, 
together  with  the  name  and  address  of  the  manufacturer.  The  provisions  of  this 
law  are  extended  to  all  persons  who  manufacture  for  sale,  sell,  or  cause  to  be  Bold 
any  article  of  adulterated  food  whatsoever.  Foods  shipped  into  this  state  not 
labeled  as  required  under  the  provisions  of  law  are  subject  to  confiscation. 

Baking  powder. — Every  can,  box  or  package  must  be  labeled  with  the  name  of  the 
manufacturer,  his  address,  the  name  of  the  baking  powder  and  also  the  words: 
"This  baking  ponder  is  composed  of  the  following-  ingredients  and  none 
other,"  immediately  followed  by  the  true  and  common  name  of  each  and  all  the 
ingredients  contained  in  such  powder.  All  this  must  appear  on  a  light  colored  label 
in  type  no  smaller  than  brevier  heavy  got  hie  "CAPS."  All  baking  powder  must 
be  true  to  label  and  contain  no  injurious  substances. 

Butter. — Must  be  made  from  pure  milk  and  cream  and  contain  no  preservative 
other  than  salt  and  no  substance  injurious  to  health.  May  be  colored  with  harmless 
vegetable  butter  color.  Process  or  reworked  butter  must  not  be  labeled  or  sold  for 
dairy  or  creamery  butter. 

Canned  goods. — Must  bear  the  name  and  address  of  the  packer  and  contain  no 
poisonous  ingredient,  preservative,  or  injurious  coloring  matter.  Copper  or  iron 
greening  of  vegetables  is  prohibited. 

('undies.  Must  contain  no  coal  tar  dyes,  mineral  substances,  poisonous  coloring  or 
flavor,  or  other  ingredients  injurious  to  health. 

Catsups. — Must  contain  no  injurious  ingredients,  coloring  matter  or  preservatives. 

Benzoate  of  soda,  1  to  1 ,200  is  allowed  for  the  present.      |  The  right  to  withdraw  this 

concession  is  reserved.  >    starch  or  other  substances  must  not  U-  used  as  a  filler. 

Cheese,  South  Dakota.  —  Must  be  made  from  pure  milk  and  cream.  Each  cheese 
and  each  box  must  be  stencil  let  1  "  South  Dakota  Full  Cream  Cheese"  or  "Skim"  or 
"Imitation"  as  the  case  may  be,  and  must  be  true  to  name.  Full  cream  cheese 
must  contain  not  less  than  50  per  cent,  butter  fat  in  the  water  iva'  cheese  in  compari- 
son with  total  solids.  If  [eSS  than  60  percent  in  the  water  free  cheese  it  mn.-t  be 
marked  '•skim"  and  if  containing  any  fat  or  oleaginous  sill  .stance  <.r  foreign  fat  or 
the   fat    from    any  stale,    rancid    or    impure    butter,    shall    be    branded  "  imitation." 

Cheese  factories  must  annually  procure  License  from  the  Food  and  Daily  Commis- 
sioner. 

Cheese,  Made  from  pure  milk  and  cream,  and  containing  not  less  50  per  cent 
butter  fat  in  the  water  free  cheese  in  comparison  with  total  solids,  may  be  sold  as 
"  Full  <  'iea  m  Cheese."  (  'heese  con  t  a  i  li  i  liLr  leBB  I  han  ">0  per  cent  of  butter  fat  in  the 
water  in->-  cheese  may  be  sold  if  plainlv  and  conspicuously  labeled  or  stencilled 
£>Skim  Cheese"  Or  "Imitation  Cheese." 

Cider.  Apple  cider  ifl  the  only  product  which  can  be  sold  under  the  one  word 
name  "  cider."      It    must    be  produced  wholly  from    unleriuented    juice  of  the  apple 

and  must  contain  no  preservatives  forbidden  by  law.     At  present,  berhsoateoi  soda, 

i  to  2,000  will  be  allowed.     (The  right  to  withdraw  this  privilege  is  reserved.  I 

( 'nil,  < .  1 1  sold  M  BUCh  must  be  true  to  name  and  not  coated  to  conceal  inferiority. 
I  Mended  coffee-  mUSt  give  t  he  I  Kline-  and  proportions  of  t  he  coffees  employed.  <  W" 
fee  may  be  mixed  with  chicory  or  other  BUbstance  not  injurious  to  health  if  labeled 
"Coffee  Compound,"  with  the  name  and  address  of  the  manufacturer.      (  of  fee  BUD- 


SOUTH    DAKOTA.  597 

statutes  composed  of  cereals  in  combination,  labeled  or  sold  as  a  substitute  for 

may  be  sold  under  a  coined  name,  if  the  name  is  not  any  one  of  the  ingredient-  con- 
tained therein. 

Cream. — Mu>t  not  contain  less  than  18  per  rent  of  butter  fat.  The  use  of  preserva- 
tives is  forbidden. 

Cream  of  tartar. — Must  be  true  to  name  and  unadulterated. 

Flavoring  extracts. — Must  be  true  to  label.  Bottles,  packages  and  containers  must 
bear  the  name  of  the  manufacturer  and  1  i is  address,  and  the  name  of  the  article. 

Extract  of  lemon. — Must  contain  not  less  than  5  percent  of  lemon  oil,  dissolved  in 
ethyl  alcohol  and  can  be  colored  only  with  lemon  peel.  Any  preparation  containing 
Less  than  •">  percent  of  lemon  oil  must  be  labeled  "Imitation  Lemon  Extract,"  but 
the  word  "  Imitation"  must  be  in  no  smaller  type  than  the  name  of  the  article,  and 
this  preparation  must  be  colorless. 

Extract  of  vanilla  must  be  made  wholly  from  the  extractive  matter  of  the  vanilla 
bean  dissolved  in  ethyl  alcohol,  containing  not  less  than  40  per  cent  of  alcohol  by 
volume,  and  must  be  free  from  all  foreign  coloring  matter.  A  single  extract  of  vanilla 
should  carry  at  least  0.05  per  cent  vanillin.  Imitation  vanilla  flavoring  must  be 
labeled  with  the  name  of  each  ingredient,  in  Legible  type  of  equal  size  and  style,  and 
must  be  free  tn.ni  all  foreign  coloring  matter. 

Orange  extract  must  contain  at  least  5  per  cent  orange  oil. 

Artificial  extracts.  —  Flavorings  not  made  from  the  natural  fruit  must  be  labeled 
"Artificial"  with  the  word  "Artificial"'  immediately  preceding  the  name  of  the 
article  and  in  the  same  size- and  style  of  type.  Must  be  free  from  artificial  coloring 
matter. 

Farinaceous  goods. — Must  be  true  to  name,  pure  and  unadulterated.  If  mixed  or 
compounded  musl  be  Bold  under  a  coin  name. 

Honey. — The  only  product  which  can  be -old  under  the  one  word  name  "Honey" 
must  be  wholly  made  by  1  h-cs  fnun  the  natural  secretions  of  (lowers  and  plants.  All 
other  honeys  must  be  Bold  as  provided  in  "  Mixtures  and  ( 'on  i  pounds.*' 

JeUieSfjams  and  preserves. — This  embrace.- all  foods  and  preparation  of  foods  known 
under  the  above  names,  whether  prepared  from  animal  or  vegetable  products.  They 
must  be  pure  and  true  to  label,  otherwise  they  must  be  labeled  "Imitation,"  together 
with  the  name  and  address  of  the  manufacturer,  and  the  names  of  the  constituent 
parte  in  as  conspicuous  type  as  the  trade  name.  No  preservatives  or  artificial  color- 
ing matter  ifi  allowed. 

Lard.-  Must  be  wholly,  legitimately  and  exclusively  the  rendered  fresh  fat  from 
slaughtered  healthy  hog-.  Adulterated  lard,  and  lard  substitutes  may  be  sold  as 
provided  in  case  of  "Mixtures  and  Compounds,"  or  under  a  trade  or  coin  name 
No  preservatives  can  be  used  in  any  kind  of  lard  or  lard  substitute. 

Mxtt.  Musi  be  procured  from  healthy  animals  and  be  in  a  wholesome  condition. 
Must  not  in- tainted  or.otherwise  unwholesome  and  must  bi  itives 

of  an)  kind.  The  sale  ot  meat  procured  from  calves  less  than  four  weeks  old  is 
prohibited. 

Mill..  Must  be  pure  and  unadulterated.  Must  not  be  taken  from  unhealthy  cowe 
or  contain  preservatives  of  anj  nature  This  applies  t"  milk  furnished  to  creameries 
or  cheese  factories,  by  milk  peddlers,  or  served  to  guests  at  any  hotel,  restaurant  or 
boarding  house.  Btandard  milk  must  contain  not  less  than  IS  per  cent  of  true  milk 
solids  of  which.;  percent  must  be  butter  fat;  nor  more  87  per  cent  of  water  fluids. 

Maple  sugar  and  syrup.     Must  be  the  legitimate  and  exclusive  product  of  th< 
of  the  maple  tree.     Blends  or  mixture  ma}  be  sold  under  the  provisions  of  section  9 

of  the  f I  law  as  ruled  under  "  Mixture-  and  Compound-. " ' 

Oleomargariru      Ma\  be  sold  under  its  true  name  if  uncolored  and  containing  no 

rvatives  or  injurious  substance.     The  term  "Oleomai  nstroed  to 

mean  an\  substance,  not  pure  butter,  contaii  ntormoreol  butter  fat, 

Used  in  the  place  of  butter 


598  FOODS    am>    FOOD    CONTROL. 

Pickled,  prepared,  preserved  or  canned  meats. — Must  be  free  from  prohibited  pre- 
servatives and  artificial  coloring  matter. 

Prepared  mustard. — May  be  sold  under  this  name  if  it  does  not  contain  any  foreign, 
injurious  or  other  substance  to  cheapen  its  value. 

Sausages. — Must  be  free  from  prohibited  preservatives  and  artificial  coloring 
matter. 

Spices  and  condiments. — Must  be  pure  and  wholly  unadulterated  with  any  foreign 
BUbstance.  Other  than  pure  spices  must  be  sold  as  provided  in  "Mixtures  and 
Compounds." 

Syrups. — Sorghum  syrup  may  be  produced  wholly  from  BOrghum  cane.  Cane  syrup 
or  molasses  must  be  wholly  produced  from  sugar  cane.  Blends  or  mixtures  must  be 
sold  under  the  provisions  of  section  9  of  the  Food  Law  as  ruled  under  "Mixtures 
and  Compounds." 

Vinegar. — Must  be  pure,  of  an  acidity  equivalent  to  the  presence  of  not  less  than 
A\  per  cent  by  weight  of  absolute  acetic  acid  and  containing  no  preparation  of  lead, 
copper,  sulphuric  acid  or  other  injurious  ingredient,  or  any  artificial  coloring  matter. 
Must  be  true  to  name  and  in  the  case  of  apple  cider  vinegar  must  be  the  legitimate 
product  ot  pure  apple  juice,  and  contain  not  less  than  two  per  cent  of  cider  vinegar 
solids.  The  barrel  must  be  stencilled  or  labelled  with  the  name  and  address  of  the 
vinegar  manufacturer,  the  kind  of  vinegar  contained  in  the  barrel  and  the  acid 
strength  of  the  vinegar. 

Mixtures  and  compounds. — May  be  sold  when  properly  labelled.  Any  article  of 
food  coming  under  this  definition  must  contain  no  poisonous  or  deleterious  ingredi- 
ents; must  be  plainly  labelled  or  branded  to  indicate  that  it  is  a  mixture,  compound, 
combination,  imitation  or  blend  and  show  the  true  character  and  constituents, 
together  with  the  proportions  of  said  constituents,  all  of  which  must  appear  on  the 
same  label  and  in  as  conspicuous  type  as  the  t  rade  name  of  the  article.  The  name 
and  address  of  the  manufacturer  must  also  be  given.  The  use  of  preservatives  and 
artificial  coloring  matter  is  prohibited. 

BULING8   ox    [NTOXICATINQ    LIQUORS,    TO   GO    [NTO    EFFECT   JULY    L,    L905,   l\    ACCORDANCE 
WITH    CHAPTER    L21,  SESSION    LAWS   OF    L905,  BTATE   OF   BOUTS    DAKOTA. 

1.  No  coal  tar  colors  are   permitted   in  any  malted,  fermented  or  distilled  liquors 

used  as  a  beverage  or  for  medicinal  purposes. 

2.  No  malted,  fermented  or  distilled  liquor  shall  contain  any  poisonous  alkaloidal 

drugs,  any   poisonous  metallic  salts,  any  methyl  alcohol  or  any  antiseptic  forbidden 
by  Section  33,  Chapter  Ml,  Session  Laws  of  L905. 
:;.   \o  whiskey  under 90  percenl  proof  shall  be  allowed,  and  all  bottled  whiskeys 

shall  declare  their  presenl  proofage  on  their  labels. 

4.  The  minimum  percentage  proof  for  distilled  Liquors  other  than  whiskey  shall  be 
as  follows:    Brandy,  90  per  cent;  rum,  90  per  cent;  gin,  80  per  cent. 

5.  The  minimum  percentage  of  alcohol  for  wines  shall  be  10  per  cent  Traces  of 
Bulphurous  acid  employed  in  disinfecting  the  wine  ban-els  are  permissible.     Bottled 

wine-  must  declare   on  the   label  the  name  and   address  of  the   producer.      Win.-  in 

and  barrel-  mu-t  carry  the  name  and  address  of  the  producer  on  the  container. 

().  Excessive  amounts  of  the  higher  alcohols,  etc.,  com ily  called  "fusel  oil,"  in 

distilled  liquors  is  prohibited.     The  right  to  fix  the  maximum  amount  permissible  is 
red. 

7.    All  distilled  liquors   Bold    in    bottles   must  carry  OH  the  label  the  true  name  and 

address  of  the  manufacturer  and  the  bottler  togel  her  with  a  truthful  statement  of  the 
exact  quantity  of  liquor  which  the  bottle  contains.  Usoall  distilled  liquors  in  Larger 
packages  such  as  kegs,  barrels,  etc.,  musl  be  plainly  stamped  or  stencilled  with  the 
name  and  address  of  manufacturer. 


TENNESSEE. 

The  State  board  of  health  is  charged  with  the  enforcement  of  the 
food  laws  of  the  State,  and  authorized  to  establish  a  chemical  and 
biological  laboratory  and  employ  such  expert  assistants  as  may  be 
necessary.  Owing  to  the  lack  of  appropriation  for  that  purpose, 
however,  a  rigid  enforcement  of  the  law  is  not  possible. 

GENERAL  FOOD  LAWS. 

(>74i{.  Unwholesome  provisions;  adulterated  food  and  medicine.  It  shall  be  a  misde- 
meanor: 

(1)  To  sett  unwholesome  provisions.     For  any  person  knowingly  to  sell  any  kind  of 

diseased,  corrupted,  or  unwholesome  provisions,  whether  for  meat  or  drink,  without 
making  the  same  fully  known  to  the  buyer. 

(2)  To  adulterate  food  or  drink.  For  any  person  fraudulently  to  adulterate,  for  the 
purpose  of  sale,  any  substance  intended  for  food,  or  any  wine,  spirituous  or  malt 
liquors,  or  other  liquor  intended  for  drinking. 

(:j)  Or  any  drag  or  medicine.  For  any  person  to  adulterate,  for  the  purpose  oi  Bale, 
any  drug  or  medicine,  in  such  manner  as  to  lessen  the  efficacy  or  change  the  oper- 
ation of  BUCh  drug  or  medicine,  or  to  make  them  injurious  to  health,  or  sell  them 
knowing  that  they  are  thus  adulterated;  and  such  adulterated  drugs  and  medicines 
shall  be  forfeited  and  destroyed. 

Tainted  meals,  sour  bread,  or  drugged  wines,  etc.     For  any  person  to  sell,  offer, 
or  expose  for  Bale,  or  Buffer  or  permit  his  servants  or  other  person  for  him,  to  sell  or 

expose  for  Bale  any  tainted,  putrid,  or  unwholesome  fish  or  flesh,  or  the  flesh  of  any 
animal  dying  otherwise  than  by  slaughter,  or  slaughtered  when  diseased,  or  any 
bread  made  from  sour  or  unwholesome  t lour,  or  any  drugged  or  manufactured  wines, 
or  adulterated  spirituous  liquors;  and.  in  addition,  he  shall  forfeit  ten  dollars  to  any 
person  who  will  sue  therefor,  before  a  justice  of  the  peace,  for  a  violation  of  this 
subsection. 

c.do  of  Tennessee,  1896,  <•!>.  7,  p.  1646. 

Bac.  1.  Penalty  for  handling  adulterated  or  misbranded  food  products.  The  manufac- 
ture. Importation,  or  sale,  or  offering  for  sale  of  any  article  of  food  or  drink,  which 
la  adulterated  or  misbranded,  within  the  meaning  of  thia  act,  is  hereby  prohibited  in 
Tennessee,  and  any  company  or  individual  who  shall  knowingly  receive  from  with- 
out the  state,  or  who,  having  so  received,  shall  deliver  for  pay  or  otherwise,  or  offer 
to  deliver  or  sell  or  trade  any  such  article  so  adulterated  or  misbranded,  within  the 
meaning  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  shall  be 
lined  not  |(-~  than  twenty-live  nor  more  than  one  bundred  dollars  for  the  first 
offense,  and  for  each  subsequent  offense,  not  It---  than  two  hundred  dollars,  or  be 
imprisoned  In  the  county  jail  not  exceeding  one  year,  or  both,  In  the  discretion  of 
the  court. 

Bac.  2  Chemical  and  biological  laboratory.  The  state  board  of  health  is  hereby 
authorized  and  directed  to  establish,  under  such  rules  and  regulations  as  it  may 
think  best,  a  properly  organised  and  fully  equipped  chemical  and  biological  labora- 
tory, in  which,  with  such  expert  assistance  as  they  ma\  elect,  shall  be  made  such 


600  FOODS  AND  FOOD  OONTBOL. 

examinations  of  food  and  drink,  offered  for  sale  in  Tennessee,  as  may  be  collected, 
from  time  to  time,  under  such  rules  and  regulations  as  said  board  may  prescribe, 
and  the  results  of  such  analyses  or  examinations,  they  shall  publish  in  bulletins  for 
the  information  of  the  people.  But  the  names  of  the  manufacturers  or  venders  of 
such  foods  or  drink  analyzed  shall  in  no  case  be  published,  as  hereinbefore  indi- 
cated until  after  conviction  in  the  courts  of  violation  of  this  act.  If  it  shall  appear 
from  such  examination  that  any  of  the  provisions  of  this  act  have  been  violated,  the 
state  board  of  health  shall  at  once  cause  a  report  of  the  fact  to  be  made  to  the  dis- 
trict attorney  for  the  district  in  which  such  violation  occurred,  with  a  copy  of  the 
results  of  the  analysis,  duly  authenticated  by  the  expert  making  the  examination 
under  oath.— As  amended  April  15,  1905,  Acts  of  1905,  ch.  508,  pp.  1121-1  Itt. 

Sbc.  •').  Duty  of  district  attorneys  to  prosecute.  It  shall  be  the  duty  of  every  district 
attorney,  to  whom  said  state  board  of  health  shall  report  any  violation  of  this  act, 
to  cause  proceedings  to  be  commenced  and  prosecuted  without  delay  for  the  tines 
and  penalties  in  such  cases  provided,  unless  upon  inquiry  and  examination,  said  dis- 
trict attorney  shall  decide  that  such  proceedings  cannot  probably  be  sustained;  in 
which  case  said  attorney  .-hall  so  report  back  to  said  state  board  of  health. 

Sec.  4.  Definitions.  The  terms  "  food  and  drink,"  as  used  herein,  shall  include  all 
articles  used  for  food  or  drink  by  man,  whether  simple,  mixed,  or  compound.  The 
term  "  misbranded,"  as  used  herein,  shall  include  all  articles  of  food  or  drink  (or 
which  enter  into  the  composition  of  such  articles  of  food  or  drink)  the  package  or 
label  of  which  shall  bear  any  statement  purporting  to  name  any  ingredient  or  sub- 
stance as  not  being  contained  in  such  article,  which  statement  shall  be  false  in 
any  particular,  or  any  statement  purporting  to  name  the  substance  of  which  such 
article  is  made,  which  statement  shall  not  fully  give  the  names  of  all  the  substances 
contained  in  BUCh  article  in  any  measurable  quantities. 

-  .5.  Adulteration  defined.  For  the  purposes  of  this  act  an  article  shall  be  deemed 
adulterated,  in  case  of  food  or  drink: 

1.  It  any  substance  or  substances  has  or  have  been  mixed  and  packed  with  it  bo  as 
to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength  so  that  such  product, 
when  offered  for  sale,  shall  be  calculated  and  shall  tend  to  deceive  the  purchaser. 

li.  If  any  inferior  substance  or  substances  has  or  have  been  substituted,  w  holly  or 
in  part,  for  the  article  BO  that  the  product,  when  sold,  shall  tend  to  deceive  the 
purchaser. 

:}.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part  abstracted 
BO  that  the  product,  when  sold,  shall  tend  to  deceive  the  purchaser. 

4.  If  it  be  an  imitation  of  and  sold  under  the  Specific  name  of  another  article. 

5.  If  it  be  mixed,  colored,  powdered,  or  stained  in  a  manner,  whereby  danger  is 
concealed  ao  thai  such  product,  when  sold,  shall  tend  to  deceive  the  purchaser. 

6.  [f  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  which  may  ren- 
der BUCh  article  injurious  to  the  health  of  the  person  consuming  it. 

7.  if  it  consist  of  the  whole  or  any  part  of  a  diseased,  filthy,  decomposed,  or  putrid 

animal  or  vegetable  snh-tance,  or  any  portion  of  an  animal  unlit    for   food,  whether 

manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal,  or  of  an  animal  that 
has  died  otherwise  than  by  slaughter. 

/        iions.      \n  article  of  food  or  drink,  which  does  not  contain  any 
added  poisonous  ingredient,  shall  not  be  deemed  to  he  adulterated  in  the  following 

1.  In  the  case  of  mixtures  or  compounds,  which  may  he  now  .  or  from  time  to  time 
hereafter  know  n  a-  articles  of  food  Or  drink  under  their  own  distinctive  names,  and 
not  im  hided  in  deli  nit  ion  fourth  of  this  section   [section  ■>  ]. 

2.  In  the  case  of  article-  labeled,  branded,  Or  tagged  BO  as  plainly  to  indicate  that 
they  are  mixture.-,  compounds,  combinations  or  blinds." 


"  So  in  laws;   read  "  blends.' 


TENNE89EE.  601 

3.  When  any  matter  or  ingredient  has  been  added  to  the  food  or  drink  because  the 
same  is  required  for  the  production  or  preparation  thereof,  or  an  article  of  commerce 
in  a  state  fit  for  carriage  or  consumption,  and  not  fraudulently  to  increase  the  bulk, 
weight,  or  measure  of  the  food  or  drink,  or  conceal  the  inferior  quality  thereof:  pro- 
vided, that  the  same  shall  be  labeled,  branded,  or  tagged,  as  prescribed  by  the  state 
board  of  health,  so  as  to  show  them  to  be  compounds  and  the  exact  character  thereof. 

4.  Where  the  food  or  drink  is  unavoidably  mixed  with  some  extraneous  matter  in 
the  process  of  collection  and  preparation. 

Sec.  6.  State  hoard  of  health  may  demand  samples;  analyses.  Every  person  who 
manufactures  or  offers  for  sale,  or  delivers  t<>  a  purchaser,  any  article  of  food  or 
drink,  shall  furnish  upon  demand  a  sample  of  such  article  of  food  or  drink  to  any 
person  duly  authorized  by  the  stale  board  of  health  to  receive  the  same,  and  who 
shall  apply  to  such  manufacturer,  or  vender,  or  person  delivering  to  any  purchaser 
such  article  of  food  or  drink,  for  such  sample,  for  such  use,  in  sufficient  quantity  for 
the  analysis  of  any  such  article  or  articles  in  his  or  her  possession.  And  in  the  pres- 
ence of  such  dealer  and  an  authorized  agent  of  the  said  state  hoard  <>f  health,  if  bo 
desired  by  either  party,  said  sample  shall  be  divided  into  three  parts,  and  each  part 
shall  be  sealed  by  the  seal  of  the  state  board  of  health.  One  part  shall  be  left  with 
the  dealer,  One  delivered  to  the  state  board  of  health  and  one  deposited  with  the 
district  attorney  for  the  district  in  which  the  sample  is  taken.  Said  manufacturer 
or  dealer  may  have  the  sample  left  with  him  analyzed  at  his  own  expense,  and  if  the 
results  of  -aid  analysis  differ  from  those  of  the  state  board  of  health,  the  sample  in 
the  hands  of  the  district  attorney  shall  be  analyzed  by  a  third  chemist  or  expert, 
\\li"  shall  be  chosen  and  agreed  upon  by  the  said  dealer  and  the  state  board  <<i 
health,  and  the  whole  evidence  shall  be  laid  before  the  court. 

8»c.  7.  Penalties.  Whosoever  refuses  t<>  comply,  upon  demand,  with  the  require- 
ments <»f  section  <i  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  he  lined  not  exceeding  one  hundred  dollars,  nor  less  than  ten  dollar-,  or 
imprisonment  not  exceeding  three  months  nor  less  than  thirty  days,  or  both.  And 
any  person  found  guilty  of  the  manufacturing  or  knowingly  offering  for  sale,  or 
Belling  an  adulterate.),  impure,  or  mishranded  article  of  food  or  drink  in  violation  of 
the   provisions   of   this  act,  shall    he  adjudged   to   pay.  in   addition   to    the   penalties 

heretofore  provided  for.  all  the  necessary  costs  and  expenses  incurred  in  inspecting 

and  analyzing  such  adulterated  articles  which  said  person  may  have  been  found 
guilty  of  manufacturing,  Belling,  or  offering  for  Bale. 

Passed  March  L9,  1897.  Actsof  1897,  ch.  46,  p.  177:  Supplement  to  Code  1897  1903, 
PP.  818  822 

alcoholic  BEVERAGES 

994.  Seller  of  liquors  to  tah  <«<ih  and  give  bond.  It  shall  not  he  lawful  for  any  per- 
son or  persons  to  sell.  or  offer  to  sell,  any  Bpirituous  or  alcoholic  li<|Uor<  within  this 

state,  until    he,  she,  or  they,  Shall    first    appear-  before  the  county  court   clerk   of  the 

county  where  such  Liquors  are  to  be  sold,  or  off. -red  for  sale,  ami  take  and  subscribe 
to  an  oath  n<>t  t«.  mil  or  adulterate  with  any  Bubstance  whatever,  the  line 
for  sale,  and  give  bond  in  t  he  -inn  of  five  hundred  dollars,  with  good  and  sufficient 
security,  for  the  payment  of  all  costs  arising  from  prosecution  for  violation  of  provi- 
sions herein. 

Cod,,  of  Tennessee,  L896,  p. 

i\!  18,  [  It  -hall  he  a  misdemeanor: ) 

Selling  liquors  without  oath  and  bond.     For  any  person  to  sell  any  spirituous  or 
alcoholic  Liquors  without  complying  with  section  994,  and,  upon  conviction  ti  i 
shall  be  fined  not  less  than  fifty  nor  more  than  five  I  mi  re  1 1 .  ■  I  do 


602  FOODS  AXD  FOOD  CONTROL. 

H744.  It  shall  be  a  felony: 

(1)  1<>  adulterate  liquors.  To  adulterate  spirituous  or  vinous  liquors  by  the  use  of 
strychnine  or  poisonous  liquids  or  ingredients. 

(2)  T<>  sett  adulterated  liquors.  To  sell  by  wholesale  or  retail  any  spirituous  or 
vinous  liquors,  knowing  the  same  to  be  adulterated  by  or  with  strychnine  or  poison- 
ous liquids  or  ingredients;  and  any  person  convicted  thereof  shall  be  imprisoned  in 
the  penitentiary  not  less  than  one  nor  more  than  live  years;  and  the  grand  jury  may 
have  power  to  send  for  persons  or  papers  in  cases  where  they  may  be  of  the  opinion 
that  any  person  or  persons  have  been  guilty  of  violating  any  of  the  provisions  of 
tins  article. 

Code  of  Tennessee,  1896,  eh.  7,  p.  1645. 

CANDY. 

6743.  [It  shall  be  a  misdemeanor:] 

(6)  To  manufacture  for  sale  or  knowingly  sell,  or  knowingly  offer  for  sale,  any 
candy  adulterated  by  the  admixture  of  terra  alba,  barytes,  talc,  or  other  mineral 
substance  or  poisonous  colors  or  flavors,  or  other  ingredients  deleterious  or  detri- 
mental to  health;  and,  upon  conviction  thereof,  the  manufacturer  or  seller  shall  be 
fined  not  exceeding  five  hundred  dollars,  and  the  candy  so  adulterated  shall  be  con- 
fiscated and  destroyed  under  the  direction  of  the  court  before  whom  the  offender  is 
tried. 

Code  of  Tennessee,  L896,  ch.  7.  p.  L645. 

DAIRY   PRODUCTS. 

:»4<)tt.  Stomping  of  adulterated  batter  and  cheese.  Whoever  manufactures,  sells,  or 
oilers  for  Bale,  or  causes  the  same  to  be  done,  any  substance  purporting  to  be  batter 

or  cheese,  which  substance  is  not  wholly  from  pure  cream  or  pure  milk,  unless  the 
same  be  manufactured  under  its  true  and  appropriate  name,  and  unless  each  pack- 
age, roll,  or  parcel  of  such  Bubstance,  and  each  vessel  containing  one  or  more  pack- 

of  BUCh  substance,  have  distinctly  and  durably  printed,  stamped,  or  marked 
thereon  the  true  and  appropriate  name  of  such  substance,  in  ordinary  bold-faced 
Capital  letters,  not  less  than  live  lines  pica,  shall  be  punished  as  provided  in  section 
3468. 

.'J4(»7.    Dealers  must  label  imitation  products.      Whoever  shall  sell  any  such  substance 

to  consumers,  or  cause  the  same  to  be  'lone,  without  delivering  with  each  package, 
roll,  or  parcel  so  sold,  a  label  on  which  is  plainly  and  legibly  printed,  in  Roman  let- 
ters, the  true  and  appropriate  name  of  such  substance,  shall  be  punished  as  provided 
iii  Bection  3  Wfi 

:{ His.  Penalty.  Whoever  knowingly  violates  either  of  the  foregoing  sections  of 
this  chapter  shall    be   lined  any  sum  not  less  than  ten  nor  more  than  three  hundred 

dollar-,  or  imprisoned  in  the  county  jail  not  more  than  ninety  nor  less  than  ten  days, 

or    both,  at    the   discretion   of   the   court;    but    nothing  contained  herein  shall  be  con- 
strued to  prevent  the  use  of  skim  milk,  salt,  or  rennet,  or  harmless  coloring  matter 
in  the  manufacture  of  butter  and  cheese      Laws  of  tS69,  ch.  169. 
:\  (69.  Laix  Is  described.     Whoever,  in  person  or  by  agent,  Bells,  exposes  for  sale,  or 

has  in  his  possession  With  interest  !  intent  l  to  sell,  any  article,  substance,  or  com- 
pound made  in  imitation  or  semblance  of  butter,  or  as  a  substitute  for  butter,  and  not 
made  exclusively  and  u  holly  of  milk  or  cream,  or  containing  fats,  oils,  or  grease  not 
produced  iron i  milk  or  cream,  shall  have  the  words  "Imitation  butter,"  or,  If  such 
substitute  is  the  compound  known  ae  oleomargarine,  then  the  word  "Oleomarga- 
rine," or,  it  it  is  known  as  butterine,  then  the  word  "  Butterine, "  or  if  it  be  kno wn 

by  any  Other  wool,  name,  or  term  Si  a  substitute  lor  butter  -tamped,  labeled,  or 
marked  in  a  straight    line,  in  printed    letters  of   plain,  uncondensed    Roman  type  not 


TENNES8EE.  603 

lees  than  one-half  inch  in  length  and  one-quarter  inch  in  width.  ><»  that  Baid  words, 
name,  or  term  cannot  he  easily  defaced,  upon  the  top,  side,  and  bottom  of  every  tub, 
firkin,  box,  or  package  containing  any  of  said  article,  substance,  or  compound.  The 
stamps  or  label  or  mark  shall  contain  no  other  words. 

.'{470.  Labels  to  be  attached  when  taken  from  original  packages.  Whoever,  in  person 
or  by  agent,  exposes  or  offers  for  sale  any  of  the  said  article,  substance,  or  compound 
not  in  the  original  package,  shall  attach  to  said  article,  substance,  or  compound,  in  a 
conspicuous  place,  a  label  bearing  the  words.  "Imitation  Butter,"  "Oleomargarine,'' 
"  Butterine,"  or  other  name,  word,  or  term,  as  the  article  may  be,  in  printed  letters 
of  plain  Roman  type,  as  provided  for  in  section  3469. 

.'J471.  Label  with  package  in  retail  sales.  In  cases  of  retail  sales  of  any  said  article, 
substance,  or  compound  not  in  the  original  package,  the  seller  shall,  in  person  or  by 
agent,  attach  to  each  package  BO  -old.  and  deliver  therewith  to  the  purchaser,  a  label 
or  wrapper,  bearing  in  a  conspicuous  place  upon  the  outside  of  the  package,  the 
words  provided  for  in  the  two  preceding  sections,  and  no  other,  in  printed  letter-,  in 
a  straight  line,  of  plain  Roman  type,  such  as  provided  for  in  said  sections. 

.'54  72.  Ii/tit<iti<jns  of  yellow  butter.  No  person,  by  himself  or  his  agents  or  servants. 
shall  render  or  manufacture,  sell,  offer  for  sale,  expose  for  sale,  or  have  in  his  pos- 
session with  intent  to  sell,  any  article,  product,  or  compound,  made  wholly  or  partly 
out  of  any  fat,  oil,  or  oleaginous  substance  or  compound  thereof,  not  produced 
directly,  and  at  the  time  of  manufacture,  from  unadulterated  milk,  or  cream  from  the 
same,  which  shall  be  in  imitation  of  yellow  butter  produced  from  pure  unadulterated 
milk,  or  cream  from  the  same:  but  nothing  in  this  chapter -hall  be  construed  to  pro- 
hibit the  manufacture  or  sale  of  oleomargarine,  butterine,  or  imitation  butter,  in  a 
separate  and  distinct  Form,  and  in  such  manner  as  will  advise  the  consumer  of  its 
real  character,  free  from  coloration  01  ingredient  that  causes  it  to  look  like  butter. 

.*{47.'{.  Penalty.  Whosoever  shall  fail  or  refuse  to  comply  with  the  provisions  of 
this  chapter  shall  be  guilty  of  a  misdemeanor  and  for  the  first  offense,  be  fined  fifty 
dollar-,  and  each  subsequent  offense  shall  be  fined  one  hundred  dollars.  The  grand 
juries  of  this  state  are  given  inquisitorial  power  as  to  this  offense,  and  the  circuit  and 
criminal  judges  of  this  state  shall  give  this  offense  in  charge  specially  to  the  grand 
juries  :it  each  term  Of  their  court. 

Code  of  Tennessee,  1896,  ch.  15,  p.  792,  as  amended  1899,  ch.  296,  p.  716. 

FLOUR. 

.'>;{7.">.  Reguiations  for  manufacturing.  All  wheat  flour  or  kiln-dried  meal  shall  be 
made  by  the  miller  or  manufacturer  *>i  due  fineness,  shall  be  well  bolted,  not  mixed 
with  other  or  coarser  flour  or  meal,  and  in  all  respects  merchantable. 

:{.'&7<».  Brands.     Every  miller  or  bolter  of  flour,  made  or  intended  for  exportation, 

-hall    provide   and    use  distinguishable    brands   or    mark-:    and    before    the    Hour   is 

removed,  shall  impress  on  the  head  of  each  barrel  the  name  of  the  miller  or  bolter 
by  whom  it  was  manufactured,  and  the  quality  of  flour  contained  in  each  particular 
barrel,  by  branding  or  marking  thereon,  at  full  Length,  the  word-  "family,"  "  super- 

line,"  "  line,*'  "middling,"  a-  the  ca-e  ma> 

;i;:j77.  Exp  ling  flour  nut  /</■<//,./,./,  ,/,-.  if  any  person  -hall  export  any  floor  with- 
out branding  on  the  barrel  the  name  of  the  miller  or  bolter  by  whom  manufactured. 

together  with  the  proper  quality  of  the  flour  bo  exported;  or  shall  mix  the  floor 

with  corn  meal,  or  anj  other  ingredient,  whereb)  it-  value  -hall  be  impaired;  or 
shall  pack  such  t lour  in  barrels  not  made  of  t  he  law  fill  material  ■  I  -hall  pack 

less  than  the  lawful  quantity  in  any  barrel  or  half  ban-el.  he  shall  forfeit  and  paj 
the  -mi  i  of  ten  dollars  for  ea.h  barrel,  to  be  recovered  before  aoj  justice  of  the 
to  the  use  of  the  i>ereon  who  will  sue  for  the  same. 


604  FOODS  AND  FOOD  CONTROL. 

3878.  Penalty  for  branding  cask  after  removal  from  mill,  etc.  If  any  person  impress 
or  brand  the  mark  "family,"  "superfine,"  "fine,"'  or  "middling,"  or  the  sem- 
blance thereof,  upon  any  barrel  or  cask  of  flour,  after  the  sam.'  bae  been  removed 
from  the  mill  or  place  where  it  was  manufactured  or  bolted,  or,  at  any  time  or  place, 
impress  or  brand  on  any  barrel  or  cask  of  flour  the  name  of  any  other  person  than 
the  proper  name  of  the  miller  or  bolter  by  whom  it  was  manufactured  or  bolted,  he 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  imprisoned  aot  less  than  three  nor 
more  than  twenty  days,  and  be  fined  in  the  sum  of  fifty  dollars,  one-half  to  the  use 
of  the  person  who  will  sue  for  the  same,  the  other  half  to  the  use  of  the  county. 

Code  <>f  Tennessee,  1896,  p.  780. 

Sec  1.  Adulteration  unlawful.  It  shall  be  unlawful  for  any  miller,  manufacturer 
of  or  dealer  in  flour,  or  any  other  firm,  to  mix  or  adulterate  the  flour  manufactured, 
sold,  or  offered  for  sale  by  him  or  them  with  borite  [boride],  cornmeal,  cornstarch, 
or  any  noxious,  deleterious,  or  injurious  substance  whatever. 

_'.  Penalty.  The  violation  of  the  first  section  of  this  act  shall  be  and  the  same 
is  hereby  declared  to  be  a  misdemeanor,  and  the  violation  of  the  same  shall  be  pun- 
ishable by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollar-. 
and  by  Imprisonment  at  the  discretion  of  the  court. 

Art  of  March  L9,  1897,  ch.  45,  p.  177,  as  amended  March  11,  1903,  ch.  9S,  p.  178; 
Supplement  to  Code,  1897-1903,  p.  822. 

1.  Containers;  marked  with  weight  of  flour  and  tare.  All  flour,  grits,  or  corn- 
meal  packed  in  barrels  or  half  barrels,  made  of  any  material,  or  any  packages  made 
of  wood  or  metal  in  which  flour,  grits,  or  corn  meal  are  offered  for  sale,  shall  be  well 
made  and  of  good  material,  and  shall  have  the  net  weight  of  flour  plainly  marked 
on  the  head,  top,  or  side  of  the  barrel  or  package  with  a  stencil  or  paper  label  or 
pencil,  with  letters  and  figures  not  less  than  one  inch  in  Length, and  the  tare  marked 
on  the  reverse  end  or  side  of  the  barrel  or  package  in  like  manner. 

Sec.  2.  '.',<<.  weight  for  barrels,  sacks,  etc.,  fixed;  must  he  stamped.  Every  miller, 
bolter,  blender,  or  mixer,  or  other  person  who  manufactures  orwho  buys  flour,  grits, 
or  cornmeal  for  the  purpose  of  repacking,  shall  put  into  each  barrel  the  full  quantity 
and  weight  of  one  hundred  and  ninety-six  (196)  pounds  of  Hour,  grits,  or  cornmeal, 
and  shall  put  into  each  half-barrel  the  quantity  and  weight  of  ninety-eight  (98) 
pounds  of  Hour,  grits,  or  cornmeal.  When  Hour,  grits,  or  cornmeal  is  packed  in 
Backs,  the  gross  weight  shall  be  as  follows:  Half-barrel  sacks,  96  pounds;  quarter- 
barrel  sacks,  48  pounds;  eighth-barrel  sacks.  24  pounds;  sixteenth-barrel  sacks,  12 
pounds;  thirty-second  barrel  sacks,  »;  pounds;  and  may  be  packed  in  any  other  size 
package,  bul  whatever  the  size  of  the  package,  the  gross  weighl  of  each  package  shall 

aped,  stenciled,  or  printed  on  each  package. 

Bbc.  •!.  Allowance  made.  From  the  weights  above  specified,  variations  from  inac 
curacies  will  be  allowed  iis  follows:  On  all  packages  weighing  90  pounds  or  over,  an 
allowance  of  one-fourth  of   I  per  cent,  and  on  all  packages  smaller  thai  90  pounds, 

an  allowance  of  one-half  of  I  per  cent  less  than  the  weigh  1  specified  in  section  2  of 
i his  act. 
Bbc.  i.   Penalty.     Any  violation  of  this  act   shall  he  a  misdemeanor,  and   upon 

Conviction    the  offender  shall  he  lined    not  less  than    fiftj   dollars  nor   more  than  live 

hundred  dollar.-. 

Passed  \pnl    n,  L903.     Acts  of  L903,  ch.  it:;,  p.  L252;  Supplement  toCode,  L897 
L903,  pp.  666-667. 

Bn  .  I.   Corn  meal,  standard  weight.     That  the  standard  weighl  of  a  bushel  of  corn 

meal,   whether  bolted  or  unbolted,  shall  he  forly-eiidit   (48)  pounds. 


TENNESSEE.  605 

Sec  2.  Corn  meatpacking  regulations;  labels.  That  it  sliall  be  unlawful  for  any  per- 
son <>r  persons  to  pack  for  sale,  Bell,  or  off er  for  sale  in  this  State  any  corn  meal  except 
in  bags  or  packages  containing  by  standard  weight  two  bushels  or  one  bushel  or  one- 
half  bushel  or  one-fourth  bushel  or  one-eighth  bushel  respectively.  Each  bag  or 
package  of  corn  meal  shall  have  plainly  printed  or  marked  thereon,  whether  the 
meal  is  "bolted"  or  "unbolted,"  the  amount  it  contains  in  bushels  or  fraction  of  a 
bushel,  and  the  weight  in  pounds:  Provided,  the  provisions  of  this  section  shall  not 
apply  to  the  retailing  of  meal  direct  to  customers  from  bulk  stock  when  priced  and 
delivered  by  actual  weight  or  measure. 

Sec.  3.  Penalty.  That  any  person  or  persons  guilty  of  violating  either  of  the  fore- 
going sections  of  this  Art  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  fine  of  qo1  exceeding  one  hundred  ($100)  dollars  or  by 
imprisonment  not  exceeding  thirty  [30)  days,  or  by  both  line  and  imprisonment  in 
the  discretion  of  the  court. 

!.   Effect,    That  this  Act  shall  be  of  force  and  effect  from  and  after  September 
1st,  190."),  the  public  welfare  requiring  it. 

.  5.   Repeal.     That  all  Acts  and   parts  of  Acts  in  conflict  with  this  Act  he,  and 
the  same  are  hereby,  repealed. 

Approved  April  17,  190-").     Acts  of  1905,  eh.  482,  pp.  L039-1040. 

WATER. 

1.  Contamination  of  water  supply;  penalty.  It  Bhall  be  a  misdemeanor  for  any 
person  to  in  any  way  wilfully  injure  the  pipes,  pumps,  reservoirs,  tanks,  standpipes, 
or  other  apparatus  or  fixtures  belonging  or  in  anywise  appertaining  to  any  water- 
works, or  to  wilfully  disturb,  pollute,  contaminate,  or  injure  the  water  in  the  tanks, 
standpipes,  or  reservoirs  of  any  such  waterworks  by  bathing  therein  or  by  any  other 
act  of  acts  tending  to  injure  the  water,  or  to  make  it  unpalatable,  unwholesome,  or 
unfit  for  domestic  or  manufacturing  purposes,  of  any  plant  supplying  water  for 
r  manufacturing  purposes,  whether  the  same  shall  belong  to  a  city  or  town 
government,  or  to  a  waterworks  company,  or  to  any  person,  linn,  or  corporation;  and 
thai  any  person  found  guilty  thereof,  or  anything  prohibited  hereby,  shall  pay  a  fine 
of  not  Less  than  $5  nor  more  than  $50,  one-half  of  which  shall  go  to  the  informer, 
and  The  other  half  to  the  public  school  fund. 

Si:< .  2.   Corruption  of  streams.     It  shall  be  a  misdemeanor  for  any  person  to  wilfully 

corrupt  or  to  permit  anything  to  run  or  fall    into  any  stream  from  which  water  shall 

be  taken  for  the  purpose  of  supplying  water  to  any  water  plant  such  a-  is  referred  to 

uon  1  of  this  act,  ami  any  person  violating  this  section  shall  i»e  punished  as 

pro\  ided  in  section   1   hereof. 

:{.  Jurisdiction.    The  grand  juries  of  this  state  -hall  have  inquisitorial  power 
of  all  offenses  committed  against  this  act  and  the  same  shall  be  given  in  charge  to 

such  juries  by  the  judges  of  'he  several  circuit  court-  of  the  state. 

Approved  April  10,  1903.     Acts  of  L903,  r\i.  310,  p.  l.'(»:>;  Supplement  t<>  I 
1903,  p|'.  807  BOS. 


TEXAS. 

Texas  authorizes  the  State  health  officer  to  enforce  the  food  laws  of 
the  State  and  to  expend  for  that  purpose  an  amount  not  exceeding 
$2,000.  This  item,  however,  has  not  been  included  in  the  appropria- 
tion hills  of  the  Legislature  and  no  serious  attempt  lias  been  made  t<> 
enforce  the  laws  that  have  been  enacted  regarding  the  manufacture 
and  sale  of  foods. 

GENERAL  FOOD  LAWS. 

42(>.  Unwholesome  foods.  It  any  person  shall  knowingly  sell  the  flesh  of  any  ani- 
mal dying  otherwise  than  by  slaughter,  or  slaughtered  when  diseased,  or  shall  sell 
any  kind  of  corrupted,  diseased,  or  unwholesome  substance,  whether  for  food  or  drink, 
without  making  the  same  fully  known  to  the  buyer,  he  shall  be  lined  not  Less  than 
twenty  nor  more  than  one  hundred  dollars. 

1*27.  Penalty  for  injurious  adulteration.  If  any  person  shall  fraudulently  adulterate, 
for  the  purpose  of  sale,  any  substance  intended  for  food,  or  any  spirituous,  vinous,  <>r 
malt  liquor,  intended  for  drink,  with  any  substance  injurious  to  health,  he  shall  be 
punished  by  line  not  less  than  fifty  no)-  more  than  live  hundred  dollars. 

42N.  Penalty  for  selling  injuriously  adulterated  liquors.  Tf  any  person  shall  sell  any 
spirituous,  vinous,  or  malt  liquor  intended  for  drink,  knowing  the  same  to  be  adul- 
terated with  any  substance  or  Liquid  injurious  to  health,  he  shall  be  punished  by  line 
not  less  than  fifty  nor  more  than  five  hundred  dollars. 

l'*U.  Drugs  and  medicines.  If  any  person  shall  fraudulently  adulterate,  for  the  pur- 
pose of  sale,  any  drug  or  medicine,  in  such  manner  as  to  change  the  operation  of  such 
drug  or  medicine,  or  render  the  same  worthless,  or  injurious  to  health,  he  shall  be 
punished  by  fine  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

l.'SO.  General  penalty.  That  no  person  shall  within  this  state  manufacture,  offer 
for  sale,  or  sell  any  article  of  food,  wines,  beers,  fermented  or  distilled  liquors  or 
drugs,  which  is  by  him  known  to  be  adulterated,  within  the  meaning  of  this  law. 
Any  person  violating  this  provision,  shall  be  deemed  guilty  of  a  misdemeanor,  and 

upon  conviction  thereof  shall  he  punished  by  a  tine  not  exceeding  five  hundred  dollars. 

181.  Terms  "food"  and  "drug"  defined.  The  term  food,  as  used  in  this  law,  shall 
include  every  article  used  for  food  or  drink  by  man.  The  term  drug,  as  used  in  this 
chapter,  shall  include  all  medicines  for  internal  or  external  use. 

\'.V1.  Adulteration  defined.  An  article  shall  be  deemed  adulterated  within  the  mean- 
ing of  this  chapter,     (a)  [n  case  of  drugs: 

1.  If,  when  -old  under  or  by  a  name  recognized  in  the  United  states  Pharmaco- 
poeia, it  differs  from  the  standard  of  strength,  quality,  or  purity  laid  down   therein. 

2.  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  states  Pharma- 
copoeia, but  which  Is  found  in  some  other  Pharmacopoeia  or  standard  work  on  mate- 
ria medica,  it  differs  materially  from  the  standard  of  strength,  quality,  or  purity  laid 

down  in  -mil  work. 

:;.   tf  its  strength  or  purity  fall  below  the  professed  standard  under  which  it  is  sold. 
( b)  In  the  case  "I  i< »od  or  drinks: 

1.  If  any  Bubstaiice  <>r  sub-tances  has  or  have  been   mixed  with  it  so  as  to  reduce 

or  lower  or  injuriously  affect  it-  quality  or  strength. 

2.  If  any  inferior  or  cheaper  substance  or  Bubstancee  have  been  substituted,  wholly 

or  in  part,  for  t  he  article. 


TEXAS.  tt07 

3.  If  any  valuable  constituent  of  the  article  lias  been  wholly  or  in  part  abstracted. 

4.  If  it  be  an  imitation  of,  or  be  sold  under  the  name  of  another  article. 

5.  If  it  consists,  wholly  or  in  part,  of  a  diseased  or  decomposed  or  putrid  or  rotten 
animal  or  vegetable  substance,  whether  manufactured  or  not;  or  in  the  ease  of  milk, 
if  it  is  the  produce  of  a  diseased  animal. 

6.  If  it  be  colored  or  coated  or  polished  or  powdered,  whereby  damage  is  con- 
cealed, or  it  is  made  to  appear  better  than  it  really  is,  or  of  greater  value. 

7.  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredient  which  may 
render  such  article  injurious  to  the  health  of  a  person  consuming  it;  provided,  that 
the  state  health  officer  may,  with  the  approval  of  the  governor,  from  time  to  time, 
declare  certain  articles  or  preparations  to  be  exempt  from  the  provisions  of  this  law  : 
and  provided  further,  that  the  provisions  of  this  act  shall  not  apply  to  mixtui 
compounds  recognized  as  ordinary  articles  of  food;  provided,  that  the  same  are  not 
injurious  to  health,  and  that  the  articles  are  distinctly  labeled  as  a  mixture,  stating 
the  components  of  the  mixture. 

438.  Exemptions;  standards.  It  shall  be  the  duty  of  the  state  health  officer  to  pre- 
pare and  publish,  from  time  to  time,  lists  of  the  articles,  mixtures,  or  compounds 
declared  to  be  exempt  from  the  provisions  of  this  law,  in  accordance  with  the  pre- 
ceding article.  The  state  health  officer  Bhall  also,  from  time  to  time,  fix  the  limits  of 
variability  permissible  in  any  article  of  food  or  dru^r  or  compound,  the  standard  of 
which  is  not  established  by  any  national  Pharmacopoeia, 

4.'J4.  State  health  officer  toenforce  law;  appropriations.  The  state  health  officer  shall 
take  cognizance  of  the  interests  of  the  public  health,  as  it  relates  to  the  Bale  of  food 
and  drugs,  and  the  adulterations  of  the  same,  and  make  all  necessary  Investigations 
and  inquiries  relating  thereto.  He  shall  also  have  the  supervision  of  the  appoint- 
ment of  public  analysts  and  chemists,  and  upon  his  recommendation,  whenever  he 
shall  deem  any  such  officers  incompetent,  the  appointment  of  any  and  every  such 
officer  shall  he  revoked,  and  be  held  to  he  void  and  of  no  effect.  The  State  health 
officershall  adopt  such  measures  as  may  seem  necessary  to  facilitate  the  enforcement 
of  this  law,  and  prepare  rules  and  regulations  with  regard  to  the  proper  method  of 
collecting  and  examining  articles  of  food  or  drugs,  and  for  the  appointment  of  the 
isary  inspector  and  analysts,  and  the  said  health  officer  shall  be  authorized  to 
expend  an  amount  not  exceeding  two  thousand  dollars,  for  the  purpose  of  carrying  out 

the  provisions  of  this  law  :  and  the  sum  of  two  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  treasury  not  otherwise  appropriated,  for  the  purpose  in  this 

article  piw  [ded. 

185.  Samples  for  analysis;  penalty  for  refusing  .to  sell  same.     Every  person  selling  or 

offering  or  exposing  any  article  of  1 1  or  drug  for  sale,  or  delivering  any  article  t<> 

purchasers,  -hall  he  required  to  serve  or  supply  any  public  analyst  or  other  agent  of 

t  he  state,  or  local  health  ollicer  appointed  under  this  law,  who  shall  apply  to  him  for 
that  purpose,  and  on  tendering  the  value  of  the  ,-ame,  with  a  -ample  sufficient  \>>r 
the  purpose  of  analysis  of  any  article  w  hich  is  included  in  this  law  ,  and  w  Inch  is  in 
the  possession  of  the  person  selling,  under  a  penalty  not  exceeding  lifts-  dollars  for  a 
first  offense,  and  one  hundred  dollars  for  each  subsequent  offense. 

186.  Penalty  for  obstructing  law.  Any  violations  of  the  provisions  of  this  law  shall 
he  treated  and  punished  a-  a  misdemeanor;  and  whoever  Bhall  impede,  obstruct, 
binder,  or  otherwise  prevent  any  analyst,  inspector,  oi  prosecuting  officer  in  the  per- 
formance of  his  duty,  shall  he  guilty  of  a  misdemeanor,  and  -hall  be  fined  in  any  sum 

not  less  than  fifty,  aor  more  than  live  hundred  dollars. 

187.  fainting  <>/  regulations.      All  the  regulations  and  declarations  of  th< 

health  ollicer,  made   under  this    law,  from    time   to   time,  and    promulgated,  -hall  he 

printed  for  general  distribution. 
Wilson's  Criminal  Statutes,  1896,  Penal  Code,  title  L2,  ch.  2,  pp.  166  :<'s 


BOS  FOODS  AND  POOD  CONTROL. 

The  city  council  shall  have  power: 

Art.  422.  Inspection.  To  establish  or  erect,  or  cause  to  be  established  or  erected, 
markets  and  market  houses,  designate,  control  and  regulate  market  places  and  priv- 
inspect  and  determine  the  mode  of  inspecting  meat,  fish,  vegetables  and  all 
produce  and  every  article  and  Lhing  therein  brought  for  sale. 

Bayle's  Civil  Statutes.  L897,  vol.  1,  title  is,  eh.  4.  p.  193. 

The  city  council  shall  have  power: 

Art.  4:)7.  Butchers.  To  make  such  rules  and  regulations  in  relation  to  butchers  as 
they  may  deem  necessary  and  proper. 

Art.  438.  Inspection.  To  regulate  the  inspection  of  beef,  pork,  flour,  meal,  salt 
and  other  provisions  whisky  and  other  liquors  to  be  sold  in  barrels,  hogsheads,  and 
other  vessels  and  packages;  to  appoint  weighers,  gangers  and  inspectors,  and  pre- 
scribe their  duties  and  regulate  their  fees. 

Art.  439.  Bread.  To  regulate  the  weight  and  quality  of  the  bread  to  be  sold  or 
used  w  ithin  the  city. 

Sayle's  Civil  Statutes,  1897,  vol.  1.  title  18,  ch.  4,  p.  195. 

FLOCK. 

Sec.  1.  Standard  weights  for  various  meals.  Meal  products  hereinafter  mentioned 
shall  have  the  following  Standard  weights,  viz:  Flour,  one  hundred  and  ninety-six 
pounds  per  barrel,  or  forty  eight"  pounds  per  sack;  corn  meal,  bolted  or  unbolted, 
thirty-five  pounds  per  sack,  and  feed  made  from  cereals  of  any  kind,  whether  pure, 
mixed  or  adulterated,  one  hundred  pounds  per  sack.  Fractional  barrels  and  sacks 
shall  weigh  in  the  same  proportion,  and  these  weights  shall  be  net  and  exclusive  of 
the  barrel  or  sack  in  which  such  product  is  packed. 

2.  Branding  of  name  and  weight.  The  correct  name  and  the  true  net  weight 
of  the  contents  of  each  and  every  hogshead,  barrel,  box,  cask,  bale,  sack  or  pack- 
age of  any  of  the  foregoing  products,  whether  sold  in  single  packages  or  lots,  shall  be 
plainly  marked,  branded  or  stenciled  in  large,  legible  letters  and  figures,  nol  less 
than  two  inches  in  size,  upon  the  exterior  of  such  hogshead,  barrel,  box.  cask,  bale, 
sack  or  package  in  a  conspicuous  place,  as  the  head  in  case  of  hogsheads  or  barrels, 
and  the  front  or  branded  side  in  case  of  sacks,  bales  <>r  packages;  and  it  shall  bo 
unlawful  for  any  person,  firm  or  corporation,  or  the  agent,  employe  or  representa- 
tive of  any  person,  firm  or  corporation  to  sell  or  exchange  or  offer  for  sale  or  exchange 

any  of  BUCh    products  SO   packed   or  contained  until   t  he  pr<  i\ision>  hereof  have  been 
complied  w  ith. 

[duUerated  products  must  be  labeled.  It  shall  be  unlawful  for  any  person, 
firm  or  corporation,  or  the  agent,  employe  or  representative  of  any  person,  firm  or 
corporation  to  sell  or  exchange  or  offer  for  sale  or  exchange,  \\  nether  in  single  pack- 
ages or  lots,  any  product  composed  of  mixed  cereals  of  any  kiml  or  any  cereal 
adulterated  in  any  manner,  unless  the  word  "adulterated"  is  plainly  marked,  printed 
or  stenciled  diagonally  across  the  other  marks  or  brands,  if  any.  on  the  hogshead, 

barrel,  box,  bale,  cask,  Back  or  package  containing  the  same,  or  in  case  there  are  arc' 

no  other  marks  thereon,  then  across  such  hogshead,  barrel,  box,  cask,  bale,  sac*  or 
package,  in  a  conspicuous  place  m  large  Legible  Letters  and  figures  ao1  Less  than  two 

inches  in  size. 

I.   Penalty,     [f  any  person  shall  knowingly  violate  the  provisions  of  this  \«'t 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  t  hereof  shall  be  fined 
in  any  sum  not  less  than  twenty-five  dollars  nor  more  than  one  thousand  dollars, 
and  each  transaction  shall  be  deemed  a  separate  offense. 


D  Statutes. 


TEXAS.  609 

Sec.  5.  Repeal.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  6.  Effect.  There  being  now  no  law  to  regulate  the  sale  of  certain  mill  products, 
the  near  approach  of  the  close  of  the  -session  and  the  crowded  condition  of  the 
docket,  creates  an  emergency  and  imperative  public  necessity  requiring  bills  to  be  on 
three  several  days,  be  suspended,  and  that  this  bill  be  placed  upon  its  third  reading 
and  final  passage. 

General  Laws  1905,  ch.  118,  p.  227. 
18621— No.  69,  pt  7- 


UTAH. 

The  food  laws  of   this  State  are  administered  by  the  dairy  and  food 

commissioner. 

GENERAL  FOOD  LAWS. 

4268.  Poisoning  food,  milk,  or  water;  penalty.  Every  person  who  wilfully  mingles 
any  poison  with  any  food,  drink,  or  medicine,  with  intent  that  the  same  shall  be 
tak.n  by  any  human  being,  to  his  injury,  and  every  person  who  wilfully  poisons  any 
spring,  well,  stream,  or  reservoir  of  water,  is  punishable  by  imprisonment  in  the 
state  prison  for  a  term  not  less  than  one  nor  more  than  ten  years. 

4288.  Adulterating  food,  drink,  or  drugs.  Every  person  who  adulterates  or  dilutes 
any  article  of  food,  drink,  drug,  medicine,  spirituous,  or  malt  liquor,  or  wine,  or  any 
art'iele  useful  in  compounding  them,  with  a  fraudulent  intent  to  offer  the  same,  or 
cause  or  permit  il  to  be  offered  for  sale  as  unadulterated  or  undiluted,  and  every  per- 
son who  fraudulently  sells,  or  keeps,  or  offers  for  sale,  the  same,  as  unadulterated  or 
undiluted,  is  guilty  of  a  misdemeanor. 

4290.  Saleof  tainted  food,  etc.     Every  person  who  knowingly  sells,  or  keeps,  or 

,r  otherwise  disposes  of,  any  article  of  food,  drink,  drug,  or  medicine, 

Lug  that  the  same  has  become  tainted,  decayed,  spoiled,  or  otherwise  unwhole- 

eomeorunfitto  be  eaten  or  drunk,  with  intent  to  permit  the  same  to  be  eaten  or 

drunk,  is  guilty  of  a  misdemeanor. 

Revised  Statu 

I.    Dairy  and  food  «  ier  appointment;  term;  compensation.     The  office  oi 

dair)  and  food  commissioner  for  the  State  of  Utah,  is  hereby  created.  Such  Com- 
.h;,l!  ,„  appointed  by  the  I  Governor,  by  and  with  the  consent  oi  the  Senate. 
and  i,;  term  of  office  shall  be  for  two  years  from  the  date  of  his  appointment,  and 
vacancies  occurring  in  the  office  for  any  cause,  shall  be  filled  by  appointment  for  the 
balance  of  the  unexpired  term.  The  salary  of  the  Commissioner  shall  be  $1,200  per 
annum,  together  with  his  necessary  and  actual  expenses  incurred  in  thedischai 
hit  official  duty,  which  shall  be  paid  in  the  same  manner  as  other  State  officers. 

..,/....         ||    shall    be   the   duty  Of    the   Commissioner,  and    he   is 

d  with  the  powers  to  enforce  all  laws  that  now  exist  orthal  max  he.e- 
,,,,.,.  ,„  enacted  in  regarding  the  production,  manufacture  or  sale  oi  dairy 

products,  or  the  adulteration  of  any  article  of  food,  and  regarding  the 
,  imed  or  adulterated  milk, and  the  feeding  unwholesome  food  I 

cattle  having  infectious  or  contagious  d  nd  said  comn  issioner 

tally,  or  by  his  deputy,  inspeel  any  article  of  u>n,\,  made  or  offered  for 

ii|lMl  this  State  which  he  mm  suspect,  or  have  reason  to  believe  to  be  impure, 
unhealthy,  adulterated,  or  counterfeit.     Me  shall  also  visil  and  inspeel   the  various 

the  State,  and  shall  have  power  to  enforce  prop* 
their  managemenl   and   surroundings.      \ml  said  Coi 

ahall  personally,  or  b)  his  deputy,  when  complainl   i  " '  *n) 

);1U  reiatij  ,  keeping  upon  the  premises,  forthe  purpose  oi  feeding, 

ome  food  for  cattle,  or  the  keeping  of  cattle  afflicted  with  an3 ta 

niectiousd  omediately  inv< 

ttion  violating  any  of  the  laws  of  this  State,  which  it  is 
the  duty  "l  said  Commissioner  t<»  enforce. 
(no 


TTTAH.  611 

:-!.     Examination*  and  analyses;  searches  and  seizures;  penalty  for  obstructing. 

Said  Commissioner  shall  have  power  in  the  performance  of  his  official  duties  to  enter 
into  any  creamery,  factory,  store,  salesroom,  or  other  place  or  building,  where  he 
bag  reason  to  believe  that  any  food  is  made,  prepared,  Bold,  «>r  offered  for  sale,  and 
to  open  any  package,  or  receptacle  of  any  kind  containing,  or  supposed  to  contain, 
any  such  article,  and  to  examine  or  cause  to  he  examined  and  analyzed,  the  contents 
thereof;  and  the  commissioner  may  seize  or  take,  any  article  of  food  for  analysis, 
but  if  the  person  from  whom  such  sample  is  taken  shall  request  him  to  do  so,  he 
shall,  at  the  same  time,  and  in  the  presence  of  the  person  from  whom  such  property 
is  taken,  securely  seal  up  two  samples  of  the  article  seized  or  taken;  one  of  which 
shall  be  for  examination  or  analysis,  under  the  direction  of  the  commissioner,  and 
the  other  of  which  shall  be  delivered  to  the  person  from  whom  the  articles  were 
taken.  Any  person  who  shall  obstruct  the  commissioner  by  refusing  to  allow  him 
entrance  to  any  place  which  he  desires  to  enter,  in  the  discharge  of  Ins  official  duty, 
or  who  refuses  to  deliver  to  him,  a  sample  of  any  article  of  food  made,  sold,  offered, 
or  exposed  for  sale,  by  such  person,  when  the  same  is  requested,  and  when  the 
value  thereof  is  tendered,  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished 
by  a  fine  of  not  exceeding  twenty-live  dollars  for  the  first  offence  and  not  exceeding 
five  hundred  dollars  nor  less  than  fifty  dollars  for  each  subsequent  offen 

Bbc.  -1.  County  attorney  to  aid;  disposal  of  fines.  It  shall  be  the  duty  of  the  county 
attorney  in  any  county  of  the  state,  when  called  upon  by  the  commissioner,  to  render 
any  legal  assistance  in  his  power  to  execute  the  laws,  and  to  prosecute  cases  arising 
under  the  provisions  of  this  act:  and  all  fines  and  assessments,  collected  in  any  pros- 
ecution begun  or  caused  to  be  begun  by  said  commissioner  shall  be  paid  into  the 
state  treasury. 

8bc.  5.  Report  of  commissioner;  /ml, nation.  Said  commissioner  shall  make  a  bien- 
nial report  to  the  Governor,  which  shall  contain  an  itemized  account  of  all  expenses 
incurred  and  fines  collected,  with  sued  statistics  and  other  information  as  he  may 
regard  of  value;  and.  with  the  con»  .t  of  the  <  rovernor,  not  exceeding  one  thousand 
copies  thereof  may  be  published  annually  as  other  official  reports  are  published. 

'27.  Adulteration  or  dilution  offooda  misdemeanor.  Every  person  who  adulter- 
ates or  dilutes  am  article  of  food,  or  any  article  useful  in  compounding  them,  with 
a  fraudulent  intent  to  offer  the  same,  or  cause  or  permit  it  to  be  offered,  for  sale  as 
unadulterated  or  undiluted,  and  every  person  who  Bells,  or  keep-,  or  offers  for  sale, 
the  same,  as  unadulterated  or  undiluted,  is  guilty  of  a  misdemeanor. 

Definition  of  "food."  That  the  term  "food,  'as  used  in  this  hill,  shall 
include  all  articles  used  for  food,  confectionery,  flavoring,  drink,  or  condiment,  by 
mam  whether  simple,  mixed  or  compound.  The  term  "misbranded 
herein,  shall  apply  to  all  article-  of  food,  or  articles  which  enter  into  the  composi- 
tion of  food,  the  package  or  label  of  which  shall  hear  any  statemenl  regarding  the 
ingredients  or  substances  contained  in  such  article,  which  statemenl  shall  be  fa 
misleading  in  any  particular;  or  any  statemenl  purporting  to  name  the  substances 
of  which  said  article  is  made,  which  statement  shall  not  fully  give  the  names  of  all 
substances  contained  in  measurable  quantities,  in  such  article,  or  which  shall  be 

false  as  to  the   State.  Territory,  ni  -country  in  which    the   article  is   manufactui 
pn  duced. 

29.     [dulteration  defined.    That  for  the  purpose  of  this  act,  an  article  shall  be 

deemed  ;idu Iterated,  in  1  he  case  of  i 1  0T  drink: 

First   If  an\  substance  or  substances  has  or  have  been  mixed  and  packed  with  it. 
-  to  reduce  or  lower  <>r  injuriously  affect  its  qualit)  or  stn  that  such 

product,  when  offered  for  sale,  shall  deceive  or  tend  to  deceive  the  | 

nd.   If  any  substance  or  Bubstanot  lave  been  substituted  wholly  or  in 

part  for  the  article,  bo  that  the  product  when  sold,  shall  deceive  01  tend  to  de 
the  purchfl 


612  FOODS    AND    Food    CONTROL. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part 
abstracted,  bo  that  the  product  when  sold  shall  deceive  or  tend  to  deceive  the 
punch 

Fourth.  If  it  be  an  imitation  of.  <>r  Bold  under  the  specific  name  of  any  other 
article. 

Fifth.  If  it  be  mixed,  colored,  coated,  powdered,  polished.  or  stained  in  a  manner 
whereby  db  g  inferiority  is  concealed,  so  that  such  product  when  sold  shall 
deceive  or  tend  to  deceive  the  purchaser. 

Sixth.  If  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  which  may 
render  snch  article  injurious  to  the  health  of  the  person  consuming  it. 

S     enth.   If  it  he  labeled  <>r  branded  so  as  to  deceive  or  mislead  the  purchaser. 

Eighth.  If  it  consists  of  the  whole  or  part  of  a  diseased,  filthy,  decomposed,  or 
putrid  animal  or  vegetable  Bubstance,  or  any  portion  of  an  animal  unfit  for  food, 
whether  manufactured  or  not:  or  if  it  is  the  product  of  a  diseased  animal,  or  of  an 
animal  that  has  died  otherwise  than  by  slaughter. 

Adulterated  candy.     It  shall  be  unlawful  for  any  person  to  manufacture 
e.  or   knowingly  offer   for  sale,  any  candy,  adulterated   by  the  admixture  of 
terra-alba,  baryta,  talc  or  any  like  substance,  or  by  poisonous  colors,  or  flav< 
other  matters  deleterious  or  detrimental  to  health. 

31.    Unw)  It  shall  b«  unlawful  for  any  person  to  knowingly  sell, 

or  keep,  or  offer  for  sale,  any  article  of  food,  knowing  that  the  same  has  become 
tainted,  decayed,  spoiled,  <»r  otherwise  unwholesome  or  unfit  to  be  eaten  or  drunk. 
My.  Any  person  who  shall  violate  any  provision  of  this  act,  or  who 
shall  misbrand  any  package,  containing  any  article  of  food,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
ban  ten,  nor  more  than  one  hundred  dollars.  And  any  article  of  food  found 
in  hi-  d  in  violation  of  any  provision  of  this  act  shall  be  subject  to  confisca- 

tion and  spoliation. 

/.     Sections  244'i  to  2460,  729  to  74n,   I  J90,  all 

inclusive,  of  tb<  tea  of  Qtah,  1898,  and  Chapters  34  and  48  of  the  laws 

of  Utah,  1899,  are  hereby  repealed. 

-   i     .",4.    fiat,  of  effect     This  act  shall  take  effect  upon  approval. 

Approved  March  2,  1903.     Laws  «.f  Qtah,  1903,  ch.  25,  p.  1*-: 

1.  Appointment  of  State  ehemitt  The  office  of  State  Chemist  is  hereby  created. 
Such  Chemist  -hall  be  appointed  by  the  Governor,  by  and  with  the  consent  of  the 
Senate,  and  his  term  of  office  shall  be  for  two  yean  from  the  date  of  his  appoint- 
ment; and  vacancies  occurring  in  the  office  from  any  cause,  shall  be  tilled  byaypoint- 
ment".  for  the  balance  of  the  unexpired  term. 

The  salary  of  the  Chemist  -hall  be  one  thousand  dollars  per 
annum,  which  shall  include  all  expenses  incurred  in  the  discharge  of  his  official  duty. 
of  &  M  be  the  duty  of  the  chemist  to  analyse  all 

article-  and  drink  utvd.  sold  and  used,  within  this  State,  when  sub- 

mitted to  him  by  the  State  Dairy  and   Pood  Commissioner,  or  the  state  Board  of 

Health,  and  to  make  s  biennial  report  to  the  hairy  and  F I  ( iommissioner  and  the 

Board  of  Health,  which  report  -hall  contain  a  record  of  all  analyses  made  by 

him,  and    BUCb    other  information    at    he    may  consider   of  value   and    interest. — Al 

" 

'  -hall  take  effect  upon  approval. 
Approved  March  12,  1*.'":;.     Lav,  ch.  97,  pp.  B4  B6. 


UTAH.  613 


DAIRY  PRODUCTS/' 

Sec.  6.  Milk  standard;  impure  or  adulterated  milk  prohibited.  .Milk  must  contain  not 
less  than  three  per  cent,  of  fat  and  twelve  and  one-halt  per  cent.  Bolide.  .Milk  from 
which  cream  has  been  removed  must  be  labeled  and  sold  as  ••<kim  Milk."  The 
sale  of  milk  which  is  impure,  unwholesome  or  adulterated,  or  from  cows  which  are 
diseased,  or  fed  upon  the  refuse  of  a  distillery  or  brewery,  or  upon  any  substance 
deletereous''  to  the  quality  of  the  milk,  such  as  garbage,  swill,  or  any  substance  in  a 
state  of  putrefaction,  or  from  cows  kepi  in  connection  with  a  family  in  which  theft-  is 
infectious  disease,  is  prohibited.  The  addition  of  coloring  matter  or  preservatives  to 
milk  is  prohibited. 

Sec.  7.  Proof  in  prosecutions  for  sale  of  impure  milk.  In  all  prosecutions  or  other 
proceedings  under  this  or  any  other  law  of  this  State,  relating  to  the  sale  or  furnishing 
of  milk,  if  it  shall  be  proved  that  the  milk  sold,  offered  for  sale,  furnished,  delivered, 
or  had  in  possession  with  intent  to  Hell,  offer  for  sale,  furnish,  or  deli\  er  as  aforesaid, 
as  pure,  wholesome,  and  unskimmed,  has  been  adulterated  or  diluted,  or  any  pari  of 
its  .ream  abstracted,  or  that  it  or  any  other  part  of  it  was  drawn  from  any  COW, 
within  twenty  days  before  or  five  days  after  parturition,  or  from  any  cow  that  has 
any  disease,  or  ulcer  or  other  running  sore,  then  and  in  either  case,  the  said  milk 
shall  be  held  and  adjudged  to  have  been  adulterated,  impure  or  unwh<  ilesome,  as  the 
case  may  be. 

Beg  s  Skimmed  milk  must  be  labeled;  standard.  No  person  shall  sell,  exchange, 
deliver,  or  have  in  his  custody  or  possession  with  intent  to  sell,  exchange,  or  deliver, 
milk  from  which  the  cream  or  any  part  thereof  has  been  removed,  unless  in  a  con- 
spicuous place,  above  the  center,  upon  the  outside  of  every  vessel,  can,  or  package, 
from  or  in  which  such  milk  is  sold,  the  words  "Skimmed  Milk"  are  distinctly 
marked  in  uncoudensed  gothic  letters,  each  not  less  than  one  inch  in  height.  Such 
skimmed  milk  shall  not  contain  Less  than  nine  per  cent,  of  milk  solids,  exclusive  of 
hits. 

9.  Tests.  Proofs  of  adulterations  and  skimming  may  be  made  with  such 
standard  tests  and  lactometers  as  are  used  to  determine  the  quality  ^i  milk,  or  by 
chemical  analysis.  Cream  of  standard  purity  shall  be  cream  produced  from  normal 
milk,  free  from  all  kinds  of  additions  and  containing  not  less  than  twenty  percent, 
of  butter-fat.     The  sale  of  cream  which  is  not  of  siandard  puretj  is  prohibited. 

Sbc.  10.  Preservatives  prohibited;  butter  standard.  No  person  shall  Bell,  or  offer  for 
Bale,  consign,  or  have  in  his  possession  with  intent  to  sell  or  otherwise  dispose  of  to 
any  person,  any  milk,  cream,  butter,  cheese,  or  other  dairy  products,  or  shall  deliver 
to  ;m\  creamery  or  cheese  factory,  milk  or  cream  to  be  manufactured  into  butter  or 
cheese,  to  which  boracicacid,  formaldehyde,  salicylic  acid,  viscogen,  or  compounds 
containing  them,  or  any  antiseptics,  have  been  added.  Butter  of  standard  purity, 
shall  be  butter  made  from  normal  milk  or  cream,  free  from  all  kinds  of  additions, 
except  salt  ami  harmless  coloring  matter,  and  shall  contain  not  less  than  eighty-three 
per  cent,  of  butter  fat. 

to  dairy  cattle.     No  dairyman  or  other  person  Belling  milk, 
butter,  or  cheese,  shall  ii-ii\  dairy  cattle  or  keep  "U  hi-  premises,  for  the  purp 
feeding  the  same,  any  -will,  brewer's  malt,  vinegar  Blops,  vinegar  malt,  distillery 
Bprouts,  oian\  other  f 1  which  may  make  said  butter,  milk,  or  cheese,  unwhole- 
some or  unhealth  j  for  u 

12.   Cattle  with  infectious  diset  N     person  selling,  exchanging,  furnishing, 

or  delivering  milk  or  dair)  products,  shall  have  in  his  possession,  at  an)  place  where 
milch  cow  -  are  kept,  any  cattle  having  tuberculosis,  or  other  infectious  or  contagious 
disease.     It  shall  be  the  duty  of  the  Dair}  and  Food  Commissioner  of  thi 

S.i  in  Statute- 


614  FOODS  AND  FOOD  CONTROL. 

case  he  shall  find  that  cattle  are  kept  in  violation  of  the  provisions  of  this  act,  to 
cause  all  such  cattle  having  any  contagious  or  infectious  disease  to  be  killed. 

Sec.  L3.  Skimmed-milk  cheese.  No  person  shall  manufacture,  or  shall  buy,  sell, 
offer,  ship,  consign,  expose,  or  have  in  his  possession  for  sale,  any  cheese,  manufac- 
tured from  or  by  the  use  of  skimmed  milk  to  which  there  has  been  added  any  fat 
which  is  foreign  to  such  milk. 

Sec.  14.  Size  of \sbimmed-milk  cheese.  No  person  shall  manufacture,  or  shall  buy, 
sell,  offer,  ship,  consign,  expose,  or  have  in  his  possession  for  sale,  within  this  Stale, 
any  skimmed  milk,  cheese,  or  cheese  manufactured  from  milk  from  which  any  of 
the  fats,  originally  contained  therein  have  been  removed,  except  such  cheese  be  not 
less  than  nine,  nor  more  than  eleven  inches  in  diameter,  and  not  less  than  nine  inches 
in  height. 

Sec  15.  Imitation  butter.  Oleomargarine.  No  person  shall  render  or  manufacture, 
sell,  ship,  consign,  offer  for  sale,  expose  for  sale,  take  orders  for  the  future  delivery 
of,  or  have  in  his  possession,  with  intent  to  sell,  any  article,  product,  or  compound 
made  wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  substance  or  compound 
thereof,  not  produced  from  unadulterated  milk,  or  cream  from  the  same,  and  with- 
out the  admixture  or  addition  of  any  fat,  foreign  to  said  milk  or  cream,  which  shall 
be  an  imitation  of  yellow  butter,  produced  from  pure,  unadulterated  milk  or  cream 
of  the  same,  with  or  without  coloring  matter;  provided,  that  nothing  in  this  title 
shall  be  construed  to  prohibit  the  manufacture  or  sale  of  oleomargarine  in  a  separate 
and  distinct  form  and  in  such  manner  as  will  advise  the  consumer  of  its  real  charac- 
ter, but  it  must  be  free  from  coloration  or  ingredients  that  cause  it  to  look  like  butter, 
and  free  from  any  word,  brand,  or  marking,  either  upon  the  package  or  upon  any 
wrapper  or  upon  the  contents  of  the  same  which  would  in  anywise  tend' to  deceive 
the  purchaser  or  consumer. 

Sec.  16.  Oleomargarine  sold  as  butter.  It  shall  be  unlawful  for  any  person  to  sell, 
or  offer  for  sale,  to  any  person  who  asks,  sends,  or  inquires  for  butter,  any  oleomar- 
garine, butterine,  or  any  substance  made  in  imitation  or  semblance  of  pure  butter, 
and  not  made  entirely  from  the  milk  of  cows,  with  or  without  coloring  matter. 

Sec.  17.  Labels  and  placards  for  oleomargarine.  It  shall  be  unlawful  for  any  person 
to  expose  for  sale  oleomargarine,  butterine,  or  any  similar  substance,  not  marked 
and  distinguished  on  the  outside  of  each  tub,  package,  or  parcel  thereof  by  a  placard 
with  the  word  "Oleomargarine"  or  "Butterine,"  and  not  having  also  upon  the 
exposed  contents  of  every  open  tub,  package,  or  parcel  thereof  a  conspicuous  placard 
with  the  word  "Oleomargarine"  or  "Butterine,"  such  placard  in  each  case  to  be 
printed  in  plain,  uncondensed  gothic  letters,  not  less  than  one  inch  long,  and  to  con- 
tain no  other  words  thereon. 

Sec.  18.  Signs  on  stores,  etc.,  selling  oleomargarine.  It  shall  be  the  duty  of  every  per- 
son who  sells  oleomargarine,  butterine,  or  any  similar  substance  from  any  dwelling, 
store,  office,  or  public;  mart,  to  have  conspicuously  posted  thereon  the  placard  or 
sign  in  letters  not  less  than  four  inches  in  length,  "Oleomargarine  Sold  Here,"  or 
"Butterine  Sold  Here."  Such  placard  shall  be  approved  by  the  Dairy  and  Food 
Commissioner. 

Sec.  L9.  Placards  on  wagons  delivering  oleomargarine.  It  shall  be  unlawful  for  any 
person  to  peddle,  sell,  solicit  orders  for  the  future  delivery  of,  or  deliver,  from  any 
vehicle,  oleomargarine,  butterine,  or  any  similar  substance,  without  having  on  the 
outside  of  both  sides  of  said  vehicle,  the  placard,  in  unconoYiised  gothic  letters,  not 
less  than  three  inches  in  length,  "Oleomargarine"  or  "Butterine." 

Sec.  20.  Notification  of  use  of  oleomargarine  in  hotels,  etc.  It  shall  he  unlawful  for 
any  person  to  furnish,  or  cause;  to  be  furnished,  in  any  hotel,  hoarding  house,  res- 
taurant, or  at  any  lunch  counter,  oleomargarine,  butterine,  or  any  similar  substance 
to  any  guest  or  patron  of  said  hotel,  hoarding-house,  restaurant,  or  lunch  counter, 
without  lirst  notifying  each  guest  or  patron  that  the  substance  so  furnished  is  not 
butter.  • 


UTAH.  615 

21.   Pure  butter  and  cheese  to  be  used  in  public  institutions.     Xo  butter  or  ch 
not  made  wholly  and  directly  from  pure  milk,  or  cream,  .-alt,  and  harmless  coloring 
matter,  shall  be  used  in  any  of  the  charitable  or  penal  institutions  of  the  State. 

Sec.  22.  Search  warrants.  When  complaint  shall  be  made  on  oath  to  any  magis- 
trate, authorized  to  issue  warrants  in  criminal  cases,  that  imitation  butter,  or  imita- 
tion cheese,  or  any  substance  designed  or  intended  to  be  used  as  a  substitute  for 
butter  or  cheese,  is  in  the  possession  or  under  the  control  of  any  person  or  persons 
contrary  to  the  provisions  of  the  law  of  this  State,  and  that  the  complainant  believes 
that  it  is  concealed  in  any  particular  warehouse,  store  or  refrigerator  for  mercantile 
purposes,  the  magistrate,  if  he  be  satisfied  that  there  is  cause  for  such  belief,  shall 
issue  a  warrant  for  such  x>roperty. 

Sec.  28.  Contents  of  warrants.  All  such  warrants  shall  describe  and  designate  the 
place  and  property  to  be  searched  for,  and  shall  be  directed  to  the  Sheriff  of  the 
county,  or  his  deputy,  or  to  any  constable  of  the  county,  commanding  such  officer  to 
search  the  house,  building,  store,  or  other  place,  where  imitation  butter,  or  imita- 
tion cheese,  or  any  substance  designed  or  intended  to  be  used  as  imitation  butter  or 
cheese  for  which  he  is  required  to  search,  is  believed  to  be  concealed,  and  to  bring 
such  property  when  found,  and  the  person  or  persons  in  whose  possession  the  same 
shall  be  found,  before  the  magistrate  who  issued  the  warrant,  or  before  some  other 
magistrate  or  court  having  cognizance  of  the  case. 

Sec.  24.  Seizure;  analysis;  confiscation.  When  any  officer,  in  the  execution  of  a 
search  warrant,  under  the  provisions  of  this  act  shall  find  any  imitation  butter  or 
cheese,  or  any  substance  designed  or  intended  to  be  used  as  an  imitation  of  butter  or 
cheese,  and  for  which  a  search  is  allowed  by  this  act,  all  the  property  so  seized,  shall 
be  safely  kept  by  the  direction  of  the  court  or  magistrate,  so  long  as  shall  be  neces- 
sary for  the  purpose  of  being  produced  as  evidence  on  any  trial;  provided,  that  it 
shall  be  the  duty  of  the  officer  who  serves  a  search  warrant,  issued  for  imitation 
butter,  or  imitation  cheese,  or  any  substance  designed  or  intended  to  be  used  as 
imitation  butter  or  cheese,  and  alleged  to  be  in  his  possession,  or  under  the  control 
of  any  person  or  persons  contrary  to  law,  to  deliver  to  any  person,  authorized  in 
writing  to  receive  the  same,  a  true  and  perfect  sample  of  each  article  seized  by  virtue 
of  such  warrant,  for  the  purpose  of  having  the  same  analyzed:  such  analysis  to  be 
made  by  a  chemist  of  any  state  institution,  and  the  result  of  such  analysis  or  test 
shall  be  recorded  and  preserved  as  evidence,  and  the  expense  of  such  analysis  or 
test,  not  exceeding  twenty  dollars  in  anyone  case,  may  be  included  in  : 
such  prosecution.  If  any  sample  be  found  to  be  imitation  butter,  or  imitation  cheese, 
or  substance  designed  or  intended  to  be  used  as  an  imitation  of  butter  or  chees< 
that  the  same,  at  the  time  of  such  seizure,  was  in  the  possession  or-  under  the  control 
of  any  person  or  persons  contrary  to  any  of  the  provisions  or  requirements  of  this 
act,  then  and  in  such  case  the  property  bo  seized  shall  be  confiscated  under  the  direc- 
tion of  the  court  or  magistrate;  otherwise  the  said  property  shall  be  forthwith 
returned  to  (he  person  or  persons  from  whom  it  was  taken,  and  no  cost  or  expense 
shall  be  charged  to  such  person  or  persons. 

Laws  of  Utah,  L903,  ch.  25,  p.  L8. 

Sec.  1.  Uenovated  butter  to  be  branded.  No  person  or  persons,  firms  or  corporation, 
by  themselvi  s  or  their  agents  or  employee,  shall  sell,  lie  or  expose  for  sale 

or  have  in  his  or  their  possession  for  .-ale  any  renovated  butt'  r,  unless  the  same  -hall 
have  printed  upon  each  and  every  package,  roll,  print,  square,  or  anj  contah 
such  renovated  butter  the  words  " renovated  butter"  in  letters  no1  less  than  one- 
half  inch  in  height,  or  who  shall  not  havesecured  from  1  Food  and  Dairy 
Commissioner,  now  existing  under  the  laws  of  this  Btal  cense  as  provided 
hereinafter. 


6K>  FOODS    AND    FOOD    CONTROL. 

Sec.  2.  Renovated  butter  defined.  The  term  renovated  butter,  as  used  in  this  art. 
is  hereby  defined  to  mean  and  include  butter  that  lias  been  reduced  to  a  liquid  state 
by  melting,  and  drawing  off  such  liquid  or  butter  oil  and  churning  or  otherwise 
manipulating  it  in  connection  with  milk  or  any  product  thereof. 

Se<  .  3.  License.  Any  person  or  persons,  firms  or  corporations,  desiring  to  manu- 
facture or  deal  in  renovated  butter  shall  make  application  to  the  State  Food  and 
Dairy  Commissioner  for  a  license,  ami  upon  payment  of  license  fee  of  the  amount 
mentioned  herein,  to  the  State  Food  and  Dairy  Commissioner,  said  State  Food  and 
Dairy  Commissioner  shall  issue  to  the  applicant  a  license.  All  such  licenses  shall 
expire  December  .'list  of  each  year  and  may  be  issued  in  periods  of  one  year  or  six 
months,  upon  payment  of  a  proportionate  part  of  the  license  fee.  Manufacturers  of 
renovated  butter  within  this  state  shall  pay  an  annual  license  fee  of  one  thousand 
dollars;  wholesale  dealers  shall  pay  an  annual  license  fee  of  four  hundred  dollars; 
in  such  renovated  butter  retail  dealers  shall  pay  an  annual  license  fee  of  fifty  dol- 
lar-: hott  Is,  restaurants,  boarding  houses  and  all  other  places  where  meals  are  served 
and  payment  is  received  therefor,  either  immediately  or  by  the  day,  week  or  month, 
where  such  renovated  butter  is  used,  shall  pay  an  annual  license  fee  of  twenty-live 
dollar-.  The  term  wholesale  dealers,  as  used  herein,  includes  all  persons,  arms  or 
corporations,  who  shall  sell  renovated  butter  in  quantities  of  ten  pounds  or  more. 
The  term  retailers  includes  all  persons  who  sell  in  quantities  of  less  than  ten  pounds. 
All  licenses  while  in  force  shall  be  conspicuously  displayed  in  the  place  of  business 
of  the  [arty  or  parties  to  whom  they  have  been  issued.  The  State  Food  and  Dairy 
Commissioner  -hall  require  all  persons  holding  manufacturers  or  wholesale  license-, 
as  provided  in  this  act,  to  keep  a  record  in  a  form  separate  from  all  other  business 
in  which  every  sale  of  renovated  butter  shall  be  recorded,  giving  the  quantity  sold, 
the  name  and  location  of  the  buyer  and  the  place  to  which  it  was  shipped.  Such 
record  Bhall  be  accessible  at  all  times  to  duly  authorized  representatives  of  the  State 
Pood  and  Dairy  Commissioner. 

Sec.  4.  License  to  l>>  paid  into  state  treasury.  All  license  fees  paid  to  the  state 
Food  and  Dairy  Commissioner  under  this  act  shall  he  paid  by  said  Pood  and  Dairy 
Commissioner  into  the  State  Treasury. 

•").  Penalty.  Whoever  shall  violate  any  of  the  provisions  or  sections  of  this 
act  shall  be  guilty  <-f  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  punished 
for  the  first  offense  by  a  line  of  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars;  or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  da\s 
and  not  exceeding  thirty  days;  and  for  each  subsequent  offense,  by  a  tine  of  not  le— 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  lor  not  less  than  twenty  days  nor  more  than  one  hundred  da\  s  or  l>\  both 
such  line  and  imprisonment,  at  the  discretion  of  the  court. 

6.  County  attorney  must  prosecute;  payment  <>jjin<-<.  It  shall  he  the  duty  of  the 
County  Attorney  of  each  and  every  count}  in  the  state,  upon  application  to  attend 

to  the  prosecution  in  the  name  of  the  State  of  any  action  brought  for  the  violation  of 

any  of  the  provisions  of  this  act   within  his  district.      A   1  of  the  tines  imposed  tor  the 

ttion  of  anj   of  the  provisions  of  this  act  -hall  he  paid  to  the  county  in  which  the 

fine  i.-  imposed. 
Approved  March  9,  bio.").     Laws  of  L906,  ch.  91,  pp.  L06-107. 

VINEGAR 

Standard;  brands.  All  packages  containing  vinegar  mud  be  branded  with 
the  name  and  address  of  the  manufacturer.  All  vinegars  must  contain  not  less  than 
four  per  cent,  by  weight  of  absolute  acetic  acid  and  must  not  contain  any  preparation 


a  Penalty  clause  given  under  General  Pood  I  .aw  .  sec.  32. 


UTAH.  617 

of  lead,  copper,  sulphuric  acid,  or  any  other  mineral  acids,  vinegar  eels  or  ingredients 
injurious  to  health.  All  vinegars  made  by  fermentation  and  oxidation,  must  be 
branded  "  Fermented  Vinegar,"  with  the  name  of  the  fruit  or  substance  from  which 
the  same  is  made;  must  be  free  from  foreign  substance,  and  must  contain  not  less 
than  one  and  three-fourths  per  cent,  by  weight,  of  solids  contained  in  the  fruit  or 
grain  from  which  said  vinegar  is  fermented,  and  not  Less  than  two  and  a  half  tenths 
of  one  per  cent,  ash  or  mineral  matter,  the  same  being  the  product  of  the  material 
from  which  said  vinegar  is  manufactured.  All  vinegars  made  wholly  or  in  part  from 
distilled  liquor  must  be  branded  ''Distilled  Vinegar"  and  must  be  free  from  harmful 
artificial  coloring  matter.  Only  vinegar  made  from  pure  apple  juice,  free  from  for- 
eign substances,  drugs,  or  acids,  and  containing  not  less  than  one  and  three-fourths 
percent,  by  weight,  of  cider  vinegar  solids,  can  be  sold  as  apple,  orchard,  or  cider 
vinegar.  Mall  vinegar  must  be  made  from  malt,  by  fermentation  and  oxidation 
without  distillation,  and  contain  by  weight  four  per  cent,  absolute  acetic  acid,  and 
yield  upon  evaporation  at  least  two  per  cent,  of  malt  solids. 

.  26.  DUwted  vinegar  to  be  labeled.  No  person  or  persons,  known  as  retailers  who 
sell  vinegar  by  the  gallon,  shall  reduce  by  water  or  other  mixtures,  the  strength  of 
vinegar,  purchased  and  sold  by  them,  unless  he  shall  mark  in  plain  figures  on  said 
package  or  barrel,  the  strength  of  the  vinegar,  still  contained  in  said  package. 

haws  of  ('tab.  1903,  ch.  25,  p.  21. 

RULINGS  <)N  THE  PURE  Fool)  LAWS  OF  MARCH  2,  bun. 

1.  Labels.  All  foods  manufactured,  sold,  offered  or  exposed  for  sale  are  held  to  be 
represented  as  pure,  unless  accompanied  by  adequate  aotice  to  the  contrary,  in  which 
case  they  must  be  distinctly  labeled  as  "mixtures,"  or  "compounds,"  or  as  "artifi- 
cial preparations." 

2.  Pure  foods.  Food  sold  as  pun-  must  be  true  to  name,  of  standard  strength, 
quality  ami  purity,  and  not  a  compound,  mixture  or  an  artificial  preparation  or 
imitation. 

:;.  Standards.  Where  no  standard  of  strength,  quality  or  purity  i-  tixed  by  law, 
the  standard  required  shall  be  that  adopted  by  the  highest  recognized  authorities, 
such  as  the  United  states  Pharmacopoeia,  or  the  Association  of  Official  Agricultural 

Chemists. 

4.  Injurious  ingredients.  No  food  shall  have  added  to  it  any  substance  or  ingredient 
"which  is  poisonous  "r  injurious  to  health." 

.").    Worthless  ingredients.     No  fraudulent  or  worthless  article  having  little  or  no  food 
value,  shall  be  mixed  with  standard  goods  or  substituted  for  them,  and  be  sold  as 
food  under  the  label  "compound  "  or"  mixture;  "  but  all  foods  sold  under  this  < 
nation  must  be  composed  of  substances  recognized  a-  "ordinary  article-  or  ingredients 
of  articles  of  food." 

Vamt  and  address  of  manufacturer .  Poods  manufactured  in  Utah,  except  when' 
exempt  by  statute  from  such  requirements,  Bhould,  for  tin-  purpose  of  identification, 
!.«•  labeled  with  the  name  and  address  of  the  person  or  firm  manufacturing  them. 
Poods  not  mi  marked  are  regarded  a-  suspicious. 

7.  Artificial  extract*.  Artificial  preparation-  or  imitation.-  shall  not  be  labeled 
'•extract-."  but  must  be  labeled  a-  "artificial  vanilla  extract-.*'  etc. 

Oolormg  matter.    The  use,  in  f I.  of  a  moderate  quantity  of  coloring  matter 

that  is  not  poisonoofl  or  injurious  to  health,  ia  not  prohibited,  provided  tin- 
are  otherwise  pur.-  and  of  standard  quality;  except  in  caseoi  oleomargarine,  milk 
and  cream. 

9.   Preservatives.     Articles  of  food  that  can  he  prepared  by  the  nee  of  impi 
processes,  bo  as  to  preserve  them  from  decaj  or  change,  -hail  have  no  preservative 
added,  other  than  -alt.  s\  nip.  BUgar,  -pi.  e.  vinegar  or  m 1  -moke. 


618  FOODS     \xi>    POOD    CONTROL. 

10.  /  rd.     VvTien  an  "  extract "  is  below  standard,  and 
ataine  a  sufficient  quantity  of  the  substance  after  which  it  is  named  to  entitle 

it  to  be  labeled  as  a  "compound"  or  "mixture,"  the  percentage  of  its  distinguishing 
Lent  or  ingredients  should  be  stated  on  its  label. 

11.  '.  Dry  mustard  i  ore.     A  preparation  of  mustard,  vinegar  and 

Id  if  labeled  "  stard."     Mustard  may  also  be  sold  when 

;  with  vinegar,  spices  and  sufficient  starch  to  secure  a  mild  flavor,  it  Lai 
ared  mustard,  compoun 

12.  Spic  -.     Mixl  ires  of  its  valuable  by-produc 

r  with  pepper  hulls,  >m  which  part  of  the  essential 

oil  has  been  removed,  must  be  labeled  "•ompound"  »r  "mixture."     Spic* 

acts,  themselves        -                      i  ■;   under  their  own  distinctive 
nan,.-. 

13.  Coffee.     Coffee  mixed  with  chicor  .  etc.,  cannot  be  sold  as 

npound." 

14.  /  i  articles  may  be  sold  if  they 
have  name  of  the  adulterant  plainly  printed  on  tin-  label. 

1-"'.  Candy  and  confi  <•  from  inert  mineral  matter. 

an<l  not  colored  witl.  injurious 

in.    ,r  Tin  or  cans  in  whicl  and  the  portion  of 

the  metal  '  _  rs  which  is  in  contact  with  food  should  not  eon- 

tain  more  than  two  per  centum  of  lead. 

17.    Vinegar.     Mer<  i  their  possession,  not  properly  branded 

will  be  liable. 

Note.     Under   tin-   statute  is   liable  for  selling  an  adulterated   article. 

although  he  may  have  no  knowledge  that  I 

:  purity  r  from  the  manufacturer  or  jobber  does  not  relieve  a 

person  handling  adulteral  from  liability. 

John  I'm  ebson,  (  vim 


VERMONT. 

The  food  laws  of  Vermont  were  enacted  by  the  last  meeting  of  the 
legislature  and  went  into  effect  immediately.  They  arc  enforced  by 
the  State  board  of  health.  In  reply  to  a  letter  of  Inquiry,  Dr.  Henry 
I).  Bolton,  secretary  of  the  board,  made  the  following  statement: 

In  regard  to  the  efficiency  ol  our  pure  food  law,  I  have  to  say  that  in  the  few 
months  since  this  law  became  effective  we  have  found  only  one  deficiency  which 
operation,  that  is,  no  appropriation  was  made  by  the  legislature  for  its 
enforcement.  The  State  board  i  f  health  was  directed  to  perform  the  various  duties 
required  by  the  law;  hence  the  expenses  incurred  in  the  collection  of  samples  and  pay- 
ing for  the  same,  all  other  expenses  of  printing,  etc.,  must  conic  out  of  the  i 
appropriation  of  the  State  board  of  health.  This  prevents  the  collection  of  the 
number  of  samples  of  different  food  products  desired,  and  thus  interferes  with  the 
purpose  of  the  law. 

GENERAL  Fool)  LAWS. 

5073.  Penalty  for  sale,  of  unwholesome  provisions.     A  person  who  knowingly 
diseased,  corrupted  or  unwholesome  provisions,  for  food  or  drink,  shall  be  imprie 
not  more  than  six  months,  or  fined  not  more  than  three  hundred  d  fllars. 

.">074-.  Slaughter  of  calves.     A  person  who  kills  or  causes  to  be  killed,  with  intent 

to  Bell  the  meat  thereof  for  family  use,  a  calf  le.-s  than  four  weeks  old,  or  knowingh 

sells  or  ha-  i'i  his  possession  such  meat  with  intent  to  sell  the  same  in  the  state,  or 

•1  the  same  for  such  use  to  any  foreign  market,  shall  he  punished  as  provided 

in  th«-  preceding  section. 

5075.  Penalty  for  adding  injurious  ingredients  to  foods.  A  person  who  fraudulently 
adulterates,  for  the  purpose  of  sale,  bread  «>r  lienor  or  any  substance  intended  for 
food  or  drink,  with  a  substance  injurious  to  health,  or  who  knowingly  sell- 
adulterated  food  or  drink,  shall  he  imprisoned  in  the  state  prison  nol  more  than  two 
or  fined  not  more  than  three  hundred  dollar.-:  and  the  article-  -. .  adulterated 
shall  be  forfeited  and  destroyed  under  the  direction  i>\  the  court 

Statutes  1894,  p.  905. 

I.   Adulteration  prohibited.     No  person  shall  sell,  or  oi  le, anya< 

ated  drug  or  Bubetance  to  be  used  in  the  manner  of  medicine,  or  an]  i 
article  of  food  or  substance  to  be  used  in  the  manner  of  food  or  drink,  for  man  or 
domestic  animals. 

[dulu  ration  defined.     If  any  food  or  substance  intended  to  be  eaten  i  i 

in  the  manner  of  f 1  or  drink,  contains  a  l< 

than  is  contain*  d  in  the  genuine  ai  I 

foreign  to  the  well  known  article  under  w  hose  name  it  is  sold,  • 

polished  or  powdered,  whereby  dded  poiw 

I  lent,  or  '  i'  >11_\   or  pa 

stance,  or  has  ured  from  age  or  ii  all  be 

deemed  to  be  adulterated  w  ithin  the  m< 

I.   Penalty.     Whoever  fraud u 
artii  le  of  f 1  or  drink,  di  i  nth  adul- 

terated article  of  food  or  drink,  drug  runwhole- 


620  POODS  AND  FOOD  CONTROL. 

■ 

some  provisions  as  defined  in  this  act,  shall  be  imprisoned  not  exceeding  one  year, 
or  fined  not  more  than  four  hundred  dollars. 

Sec.  5.  Sampling.  Every  person  offering  or  exposing  for  sale  any  drug  or  article 
of  food  within  the  meaning  of  this  act,  shall  furnish  to  any  member  of  the  state  board 
of  health,  or  any  local  health  officer,  who  shall  apply  to  him  for  the  same  and  tender 
him  its  value  in  money  a  sample  sufficient  for  the  purpose  of  the  analysis  of  such 
drug  or  article  of  food. 

Sec.  6.  Analysis  requested  of  State  hoard  of  health;  prosecution.  Any  person  who  has 
reason  to  doubt  the  purity  or  genuineness  of  any  article  of  food  which  he  has  pur- 
chased, may  send  at  his  own  expense  a  sealed  sample  of  it  to  the  laboratory  of 
hygiene  of  the  state  board  of  health  for  inspection.  If  upon  examination  the  article 
appears  to  be  adulterated,  the  board  may  obtain  a  certified  sample  of  it,  and  should 
this  sample  prove  to  be  adulterated,  the  board  shall  begin  proceedings  at  once  against 
the  vendor. 

Sec.  7.  Penalty  for  hindering  health  officers.  Whoever  hinders,  obstructs,  or  in  any 
way  interferes  with  any  member  of  the  state  board  of  health  or  any  local  health 
officer  in  the  performance  of  his  duties  under  this  act,  shall  be  fined  not  more  than 
fifty  dollars  for  the  first  offense,  and  for  each  subsequent  offense  shall  be  lined  one 
hundred  dollars. 

Sec.  8.  Duplicate  sample.  Before  commencing  the  analysis  of  a  sample,  the  ana- 
lyst shall  reserve  a  portion,  which  shall  be  sealed;  and  in  case  of  a  complaint  or 
indictment,  part  of  the  reserved  portion  of  the  sample  alleged  to  be  adulterated  shall. 
upon  application,  ho  delivered  to  the  defendant  or  his  attorney,  and  pari  to  the  sec- 
retary of  the  state  board  of  health. 

'.».    Adulteration    of  liquor;   penalty.      Whoever   adulterates,  for   the    purpose   of 

sale,  any  Liquor  used  or  intended  for  drink,  with  cocculus  indicus,  vitriol,  grains  of 
paradise,  opium,  alum,  capsicum,  copperas,  laurel-water,  logwood.  Brazil  wood, 
cochineal,  sugar  of  lead,  or  any  other  substance  which  is  poisonous  or  injurious  to 
health,  or  knowingly  sells  any  such  Liquor  so  adulterated,  shall  be  imprisoned  not 
exceeding  one  year,  or  be  fined  not  more  than  one  thousand  dollars. 

lo.  Slaughter  of  calves.   Whoever  kills,  or  causes  to  be  killed,  for  the  purpose 
of  sale  for  food,  a  calf  less  than   four  weeks  old,  or  knowingly  sells,  or  has  in  possee 
sion  with  intent   to  sell,  for  food,  the  meat  of  any  such  calf,  shall  be   imprisoned  not 
exceeding  thirty  days,  or  fined  not  more  than  fifty  dollars,  or  both. 

1  ].  Authority  of  health  officer;  inspection  and  seizures.  The  health  officer  of  any 
city,  town  or  village  may  inspect  the  carcasses  of  all  slaughtered  animals  intended 
for  food  for  men,  and  all  meat,  fish,  vegetables,  produce,  fruit  or  provisions  of  any 
kind  found    in  their  cities  or  towns,  and   for- such    purposes   may  enter  any  building, 

enclosure  or  other  place  in  which  such  carcasses  or  articles  arc  stored,  kept  or  exposed 
for  -ale.     If.  on  such  inspection,  it  is  found  that  such  carcasses  or  articles  are  designed 

for  food  for  man  and  are  tainted,  diseased,  corrupted,  decayed,  unw  holes.. me,  or 
from  any  cause  unfit  for  food,  the  hoard  of  health  shall  seize  the  same  and  cause  it 
or  them  to  he  destroyed  forthwith,  or  disposed  of  otherwise  than  for  food.  The 
powers  conferred  in  this  section  UDOD  local  health  otlicers,  arc  conferred  upon  any 
mem  her  of  the  state  hoar.  I  of  health  lo  perform  the  same  acts  in  any  part  of  the  State. 

.  12.   Destruction  of  adulterated  products.     Any  meat,  unwholesome  provisions 

or  article-  —Id,  kept  or  offend  for  -ale  ior  food  or  drink  for  human    beings,  and  any 

articles  adulterated  in  violation  of  any  of  the  preceding  sections,  shall  be  deemed  a 

public  nuisance  and  summarily   destroyed. 

17.   Adulterated  candy  to  be  forfeited.     No  person  shall  by  himself,  his  servant 

lit.  or  :i-  the  Bervant  or  agent  of  any  other  person  or  corporation,  manufacture 

e,  or  know  ingly  sell  or  offer  for  -ale,  any  candy  adulterated  by  the  admixture 

of  terra  alba,  barytes,  talc,  or  any  other  mineral  substance,  by  poisonous  colors  or 
flavor-  or  other  ingredients,  deleterious  or  detrimental  to  health,  and  the  candy  so 

adulterated  -hall  he  forfeited  and  clestruv<  .1  u  ction  of  the  court. 


VERMONT.  tf21 

Sec.  18.  Rules  and  regulations  of  State  board  of  health.  The  state  board  of  health 
shall,  as  soon  as  may  be  after  this  act  takes  effect,  adopt  such  rules  and  regulations, 
not  inconsistent  with  existing  laws,  as  it  deems  necessary  to  facilitate  the  enforce- 
ment of  the  provisions  of  this  act,  and  for  the  collecting  and  examining  of  drugs, 
foods,  liquors,  and  candy,  articles  of  clothing,  fabrics,  wall  paper  or  anything  con- 
taining poisonous  pigments  or  substances  whereby  the  health  of  any  person  may  be 
injured.  Said  board  shall  cause  said  rules  and  regulation-  to  be  printed  in  pamphlet 
form  for  distribution,  shall  furnish  to  each  local  health  officer  a  sufficient  number  of 
copies  to  supply  the  members  of  the  local  board  of  health  and  all  practicing  physi- 
cians in  such  town,  and  furnish  to  each  town  clerk  a  sufficient  number  of  copies  for 
distribution  under  the  provisions  of  law  as  to  the  distribution  of  the  acts  and  resolves 
of  the  genera]  assembly;  and  it  shall  be  the  duty  of  said  local  health  officers  and 
town  clerks  to  distribute  the  same.  Any  violation  of  any  such  rule  or  regulation 
made  under  the  provisions  of  this  act,  after  the  publication  and  distribution  of  such 
rules  and  regulations,  shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars. — As  amended  December  ,\  1904,  Laws  of  1904%  No.  144,  p.  -0..'. 

Sbc.  L9.  Penalty.  If  any  person  violates  any  of  the  provisions  of  this  act,  for 
which  no  penalty  is  hereinbefore  provided,  he  shall  be  fined  not  more  than  one 
hundred  dollars  and  not  less  than  fifty  dollars. 

m  <  .  20.  Jurisdiction.  Justices  of  the  county  shall  have  concurrent  jurisdiction 
with  the  county  court  of  offenses  under  this  act  to  the  extent  of  fining  the  respon- 
dent fifty  dollars,  or  may  bind  him  over  for  trial  by  county  court.  Any  state's 
attorney,  grand  juror  or  other  public  prosecuting  officer  may  institute  prosecutions 
for  violations  of  this  act'. 

3»  .  '-'1.  st<n><hi,<l.<.  The  standard  of  purity  for  food  products  shall  be  that  adopted 
by  the  United  Slates  Department  of  Agriculture. 

Six.  22.  Prosecution.  It  is  hereby  made  the  duty  of  the  state  hoard  of  health,  or 
agent  thereof,  to  bring  to  the  notice  of  the  proper  prosecuting  officer  any  violation 
of  any  United  States  statute  for  preventing  the  adulteration  or  misbranding  of  food 
or  dru 

Sbc.  23.  Exemptions.  Nothing  contained  in  the  preceding  sections  shall  be  bo  con- 
strued as  to  prevent  the  state  board  of  health  from  issuing  to  a  producer  or  manufac- 
turer of  foods  Or  drinks  a  permit  to  use  such  preservatives  Or  coloring  matters  as  -aid 

board  may  determine  by  analysis  or  otherwise  are  not  detrimental  to  health. 

/.      All    acts   or  parte  of  acts  inconsistent  with   this  act  are   hereh\ 

repealed. 

3b     25.    Effect.     This  act  shall  take  effect  from  its  paoooj 

Approved  November  11,  L904.     Laws  of  L904,  No.  L43,  pp.  198-202. 
ALCOHOLIC  BEVERAGES 

1 1 7:{.  Penalty  for  sale  of  adulterated  liquor.  If  a  person  by  himself,  clerk,  servant 
or  agent,  or  if  an  authorized  agent  of  a  town,  knowingly  sells,  furnishes,  gives  away 
or  distributes  to  others  intoxicating  liquor  \\  hi.  b  is  impure  or  adulterated,  he  -hall 
be  fined  not  more  than  three  hundred  dollars  and  nol  less  than  ten  dollars 

Btatutes  L894,  p.  BOS. 

[nalysis  of  suspected  samples,     it  ■  person  who  has  reason  to  believe  that  a 
licensee  ie  selling  intoxicating  liquors  thai  are  adulterated  or  are  no1  •• 
quality,  calls  the  attention  of  the  hoard  thereto,  the  board  shall,  in  writing,  author- 

.other  than  a  member  thereof,  to  procure  a  sample  orsampl 
liquor  for  analysis.     \nd  aboard  ma)  of  it- own  motion  at  any  tim<  to  be 

procured  -ample-  of  liquor  for  anal 


also  »  •.  m-ral  Kood  1 


622  Foods     A  XP    FOOD    CONTROL. 

S»  .  64.  Taking  of samples.  The  person  so  authorized  shall  procure  samples  from  the 
licensee  and  after  receiving  the  same  shall  deliver  to  him  the  written  order  to  pro- 
cure such  samples,  and  the  vessel  or  vessels  containing  the  same  shall  be  sealed  before 
they  are  taken  from  the  premises  of  the  licensee. 

85.  Certified  analysis  by  State  laboratory,  Burlington.  The  sample  so  obtained 
shall  he  immediately  committed  to  the  custody  of  the  hoard  or  a  member  of  it,  and 
shall  he  put  into  a  package  which  shall  be  scaled  and  sent  by  express,  or  delivered  in 
person  by  a  commissioner  to  the  director  of  the  state  laboratory  at  Burlington,  who 
shall  make  or  cause  to  he  made  an  analysis  of  such  liquors,  and  send  a  certified 
report  of  such  analysis  to  the  board  from  which  the  samples  came. 

66.  Action  if  sample  befound  of  standard  quality.  If  the  samples  he  found  free 
from  adulteration  prohibited  in  the  pharmacopoeia  of  the  United  States,  and  oi 
standard  quality,  the  certificate  referred  to  in  the  proceding  section  shall  so  state. 
and  the  town  treasurer  shall  paythe  licensee  forthe  samples  obtained  upon  presenta- 
tion by  him  of  the  written  order  upon  which  they  were  obtained;  and  if  so  requested 
by  the  licensee  the  town  clerk  shall  furnish  him  a  certified  copy  of  the  report  of 
analysis. 

U7.  Prosecution;  penalty.  If  the  certificate  of  analysis  shows  the  samples  to 
contain  liquor  that  is  adulterated,  or  that  is  not  of  good  standard  quality,  the  board 

.inse  prosecution  to  be  had  by  a  tow  n  grand  juror  or  state's  attorney  against  a 
licensee  for  selling  adulterated  liquor,  or  liquor  not  of  good  standard  quality;  upon 
conviction  in  either  respect  the  offender  shall  he  lined  one  hundred  dollars;  and  upon 
conviction  of  a  third  offense  shall  forfeit  his  license. 

A.cts  and   Resolves.   1902,   No.  90,  p.   106. 

76.  Requests  for  samples.  If  a  person  who  has  reason  to  believe  that  a  licensee 
is  selling  intoxicating  liquors  that  are  adulterated,  calls  the  attention  of  the  hoard 
thereto,  the  hoard  shall  in  writing,  authorize  some  person  other  than  a  member 
thereof,  to  procure  a  .simple  or  samples  of  liquor  for  analysis.  And  the  board  may. 
at  any  lime  procure,  or  cause  to  he  procured,  samples  of  lienor  lor  analysis. 

Sec.  77.  Taking  of  sealed  samples.  The  person  so  authorized,  shall  procure  samples 
from  the  licensee,  and  after  receiving  the  same,  shall  deliver  to  him  a  copy  of  the 
written  order  to  procure  such  samples;  and  the  vessel  or  vessels  containing  the  same 
-hall  he  sealed  before  they  are  taken  Irom  the  premises  of  the  licensee. 

78.  Certified  analysis  by  director  of  State  laboratory.  The  samples  so  obtained, 
shali  In-  immediately  committed  to  the  custody  of  the  hoard,  or  a  member  of  it,  and 
shall  he  put  into  a  package,  which  shall  he  sealed,  and  sent  by  express,  or  delivered 
in  person,  by  a  commissioner  to  the  director  of  the  state  laboratory,  at  Burlington, 
who  shall  make,  or  cause  to  he  made,  an  analysis  of  such  liquors;  and  send  a  certi- 
fied reporl  of  such  analysis  to  the  board  from  which  the  samples  came. 

7'.».  Payment  for  samples.  If  the  samples  he  found  free  from  adulteration  pro- 
hibited in  the  pharmacopoeia  of  the  United  states,  the  certificate  referred  to  in  the 

-action  -hall  BO  State,  and  the  t<»\\  n  treasurer  shall  pay  the  licensee  for  the 

samples  obtained,  upon  presentation  by  him  oJ  the  written  order  upon  which  they 
were  obtained;  and,  if  so  requested  by  the  licensee,  the  town  clerk  shall  furnish  him 
a  certified  copy  of  the  report  of  the  anal 

.,,-  penalties.     If  the  certificate  of  analysis  shows  the  samples  to 

contain  liquor  that  is  adulterated,  the  hoard  .-hall  cause  a  prosecution  to  he  made  h\ 

the  -taie-  attorney ,  or  town  grand  juror,  against  the  licensee  f(  adulterated 

liquor;  and  upon  conviction  thereof,  such  licensee  shall  be  fined  one  hundred 

:nd  upon  conviction  of  a  third  offense  he  shall  he  lined  three  hundred  dollars 

and  -hall  forfeit   hi-  licei 

Approved  December  10,  L904.     Laws  of  1904,  No.  116,  p.  L49. 


VERMONT.  623 

CANDY,  a 

4-34-5.  Adulterated  candy;  penalty.  A  person  who  shall  adulterate  candy  with 
terra  alba,  baryta,  talc  or  any  other  substance  detrimental  to  health,  or  knowingly 
sell  or  offer  for  sale  candy  so  adulterated  shall  be  punished  by  a  fine  of  not  mure 
than  one  hundred  dollars,  or  not  less  than  fifty  dollars  for  each  offense. 

Statutes  1894,  p.  779. 

DAIRY  PRODUCTS. 

4327.  Adulterated  or  diluted  milk;  penalty.     A  person  who  sells  or  furnishes  or  has 

in  his  posse— inn  with  intent  to  sell  or  furnish,  milk  diluted  with  water,  adulterated 
or  not  of  good  standard  quality  or  milk  or  cream  which  has  been  treated  with  chem- 
ical-, shall  for  each  offence,  he  lined  not  more  than  three  hundred  dollars  and  not 
ban  fifty  dollars  and  any  person  who  sells  or  offers  for  sale  or  furnishes  mill; 
from  which  the  cnam  or  any  part  has  been  taken  or  keeps  back  part  of  the  milk 
known  as  "strippings"  without  the  full  knowledge  of  the  person  to  whom  such  milk 
shall  he  sold  or  offered,  for  sale  or  furnished  shall  for  each  offence.  be  fined  as  previ- 
ously provided  for  in  this  section  in  cases  of  adulteration.  —  As  amended  by  No.  67, 
Acts  1900,  and  further  am  .  by  Acts  and  Resolves,  19i 

4328.  Standard  for  milk,  for  -.  In  all  creameries  and 
cheese  factories  in  this  state  milk  c  tour  per  cent,  of  butter  tat  .-hall  he  the 
standard  used  as  a  paying  basis. 

43*2$).  Testing  of  suspected  samples.  Where,  in  prosecutions  under  the  second  pre- 
ceding section  the  ordinary  means  of  proof  are  not  available  or  sufficient,  sealed  gam- 
pies  of  the  milk  -old  or  furnished,  or  kepi  with  intent  to  he  Bold  or  furnished,  taken 
from  such  milk  in  the  presence  of  at  least  one  disinterested  witness  and  with  the 
knowledge  and  in  the  presence  of  the  person  or  hi-  agent  oi  »ervan1  so  selling  or  fur- 
nishing, or  having  in  hi-  |  d  with  intent  to  Bell  or  furnish  said  milk,  ma)  be 
sent  to  the  state  agricultural  experiment  station  to  he  tested;  the  result  o 
shall  he  deem.  <1  competent  evidence  in  .-iid,  prosecutions  but  shall  not  exclude  other 
e\  idence. 

1330.  Method  oj   sampling.     Said   samples  -hall   be  placed   in  tin  or  glass  > 
securel)  sealed  with  a  label  thereon  stating  the  time  when,  place  where  the  Bample 

rawn,  from  whose  milk  taken,  and  signed   by  the  person  taking  the  same  and 
by  one  or  more  disinterested  witnesses.     Upon  requests  like  sample  shall  be 
to  auch  person,  his  a  rvant,  for  w  Inch  a  • 

taking  or  drawing  the  same. 

1331.  Milk  Standard.      Standard    milk  -hall   contain  not 

half  p<  r  cent,  oi  not   less  I  h  of  total  3 

ept  in  the  months  of  Ma)  and  June,  when  it  shall  contain  not  less  than 
e  per  cent,  of  to  le  at  the  experiment 

-tat  ion,  and  an  offici  r  or  employee  there  in  making  tests  shall 

be  fined  one  thousand  doll 
1832.  / 

to  he  marked 

•   i-  i tail 

:tt  a  ci  i  ill    1m« 

lined  not  more  than  ll  ree  h\      •       dol  an  an 
that  a  person  □ 
" private  creami 


624  FOODS    A XD    Fool)    CONTROL. 

4-3.'{.'J.  Jurisdiction.  Justices  shall  have  concurrent  jurisdiction  with  the  county 
court  in  prosecutions  under  the  six  preceding  sections. 

Statutes,  1894,  p.  777. 

4\n~).  Penalty  for  sale  of  diluted  or  adulterated  milk.  A  person  who  knowingly  sells 
or  furnishes  or  offers  to  sell  milk  diluted  with  water  or  adulterated,  shall  forfeit  to 
the  person  to  whom  such  milk  is  sold  or  furnished  not  more  than  one  hundred 
dollars  and  not  less  than  twenty-live  dollars,  to  be  recovered  in  an  action  on  this 
statute  before  a  justice. 

4-i>7<».  Penalty  for  selling  diluted  or  adulterated  milk  to  butter  and  cheese  manufactories. 
A  person  who  knowingly  sells,  supplies  or  brings  to  he  manufactured  to  a  butter  or 
cheese  manufactory  in  the  state,  milk  diluted  with  water,  or  adulterated,  or  milk 
from  which  cream  has  been  taken,  or  keeps  back  part  of  the  milk  known  as  "  strip- 
pi  njzs;  "  or  knowingly  brings  or  supplies  milk  to  a  butter  or  cheese  manufactory. 
that  is  tainted  or  partly  sour  from  want  of  care  in  the  keeping  of  strainers,  or  vessels 
in  which  said  milk  is  kept;  or  a  butter  or  cheese  manufacturer  who  knowingly  uses 
or  directs  his  employees  to  use  cream  from  the  milk  brought  to  said  butter  or  cheese 
manufacturers,  without  the  consent  of  the  owners  thereof,  shall  forfeit  not  more  than 
one  hundred  dollars,  and  not  less  than  twenty-five  dollars,  to  be  recovered  in  an 
action  founded  upon  this  statute,  before  a  justice,  in  the  name  and  for  the  benefit  of 
those  upon  whom  such  fraud  is  committed. 

Statutes  1894,  p.  867. 

Si:<\  1.  Month!;/  report  from  creameries.  Every  owner,  operator  or  manager  of  a 
creamery  in  this  state,  whether  cooperative  or  proprietary,  shall  make  and  deliver 
monthly  to  each  patron  of  said  creamery  a  statement  of  the  number  of  pounds  of 
milk  or  cream  such  patron  delivers  for  that  month,  together  with  the  test,  pounds 
of  butter  fat,  gain  per  cent,  from  the  churn,  and  the  price  paid  for  the  same  -hall  be 
computed  by  the  number  of  pounds  of  butter  fat.  Said  monthly  statement  sent  to 
•  ■ach  patron  shall  contain  the  total  number  of  pounds  of  butter  made  for  that  month. 
Asa,, icuh  d  December  9,  I90.'t,  Laws  of  1904,  No.  ill,  p.  196. 

2.  I'm ■, \fixed  by  amount  of  hatter  fat  in  milk.  Any  owner,  operator  or  manager 
of  any  creamery  whether  co-operative  or  proprietary,  who  sells  or  otherwise  disposes 
of  any  of  the  milk  or  cream  received  at  such  creamery  shall  weigh  and  carefully 
sample  the  same,  and  shall  test  such  samples  for  the  purpose  of  ascertaining  the 
Dumber  of  pounds  of  butter  fat  in  such  milk  or  cream  sold  or  otherwise  disposed  of 

and    the    price   paid    lor  the  same  shall    be  computed    by  the  number  of  pounds  of 

butter  fat. — As  amended  December  9,  1904,  Laws  of  1904,  No.  til,  p.  196. 
Bbc.  ::.   Monthly  report  from  cheese  factories.    The  owner,  operator  or  manager  of 

any  cheese  factory  in  the  state,  whet  her  co-operative  or  proprietary,  shall  make  and 
deliver  to  each  of  the  patrons  of  said  factory  a  statement  represent  iim  the  number  of 
pounds  of  milk  he  delivers  for  each  month,  together  wit  h  t  he  test  and  actual  num- 
ber of  pounds  of  cheese  produced  by  such  milk  for  said  month.  And  the  price  paid 
for  tin-  same  shall  be  Computed  on  actual  number  of  pounds  of  chee-.-. 

i.   Repeal.     Repealed  December!*,  L904;  Laws  of  L904,  No.  in.  p.  126. 
-i..:..   Repeal.     Repealed  December9,  L904;  Lawaof  L904,  No.  m,  p.  L26. 

6.   Penalty.     An\  manager  or  proprietor  of  any  creamer]  in  this  state,  who 

fails  to  comply  w  ith  ;iiiv  of  the  provisions  of  this  act,  on  conviction  in  a  court  of  Com- 
petent jurisdiction  shall  be  lined  Qol  less  than  ten  nor  more  than  twenty-live  dollars 

breach  offense. — As  amended  December  19,  1909,  Public  Acts  1909,  No.  81,  i>.  76,  <>ud 
as  further  amended  December  9,  1904,  Laws  of  1904,  No.  Ill,  p.  t 
Bbc.  7.   Repeal,     Repealed  Decembers,  L904,  Laws  of  L904,  No.  in,  p.  L25 

Approved  November  29,  L898.     Public-  Acts  1898,  No.  82,  pp.  69 


VERMONT.  625 

Sec.  1.  Testing  and  marking  of  pipettes;  cost.  All  bottles,  pipettes  or  other  measur- 
ing glasses  used  by  any  person,  firm  or  corporation,  or  their  agents  or  employes,  at 
any  creamery,  butter  factory,  cheese  factory  or  condensed  milk  factory,  or  elsewhere 
in  this  state,  in  determining  by  the  Babcock  test,  or  by  any  other  test,  the  value  of 
milk  or  cream  received  from  different  persona  <»r  parties  at  such  creameries  or  fac- 
tories, shall,  before  such  use,  be  tested  for  accuracy  of  measurement  and  for  accuracy 
of  the  per  cent  scale  marked  thereon.  It  shall  be  the  duty  of  the  superintendent  of 
the  dairy  school  of  the  University  of  Vermont  and  State  Agricultural  College  to  des- 
ignate some  competent  person  to  test  the  accuracy  of  such  bottles,  pipettes,  or  other 
measuring  glasses.  The  person  thus  designated  shall  so  mark  such  bottles,  pipettes 
or  other  measuring  glasses  as  are  found  correct  in  marks  or  characters  which  cannot 
be  erased,  which  marks  or  characters  shall  stand  as  proof  that  they  have  been  bo 
tested;  and  no  incorrect  bottles,  pipettes  or  other  glasses  shall  be  thus  marked.  The 
superintendent  of  the  dairy  school  shall  received a  for  such  service  the  actual  cost 
incurred  and  no  more,  the  same  to  be  paid  by  the  persons  or  corporations  for  whom 
it  is  done. 

8b  .  2.  Certificate  for  milk  testers;  cost.  Each  and  every  person  who,  either  for  him- 
self or  in  the  employ  of  any  other  person,  firm  or  corporation,  manipulates  the  Bab- 
cock test,  or  any  other  test,  whether  mechanical  or  chemical,  tor  the  purpose  of 
measuring  the  contents  of  butter  fat  in  milk  or  cream  as  a  basis  for  apportioning  the 
value  of  such  milk  or  cream,  or  the  butter  or  cheese  made  from  the  same,  shall 
secure  a  certificate  from  the  superintendent  of  the  dairy  school  of  the  University  of 
Vermont  and  State  Agricultural  College  that  he  or  she  i<  competent  and  well  quali- 
fied to  perform  such  work.  The  rules  and  regulations  in  the  application  for  such 
certificate  and  in  the  granting  of  the  Bame  shall  be  such  as  the  superintendent  of  the 
school  may  arrange.  The  fee  for  issuing  such  certificate  -hall  in  no  case  exceed  one 
dollar,  the  simc  to  be  paid  by  the  applicant  to  the  superintendent  of  the  dairy  school 
and  to  be  used  by  the  superintendent  in  meeting  the  expenses  incurred  under  this 
section. 

S»  :;.  Penalty;  disposal  of  fines.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  act.  shall,  on  conviction  in  a  court  of  competent  jurisdiction  be  fined 
not  more  than  t  wenty-tive dollars  for  the  first  offence,  and  not  more  than  fifty  dollars 

for  each  subsequent  offence.  It  shall  be  the  duty  of  every  sheriff,  deputy  sheriff 
and  constable  to  institute  complaint  against  any  person  or  persons  violating  any  of 
the  provisions  of  this  act.  and.  on  conviction,  one-half  of  the  tines  shall  go  to  the 

complainant  and  the  balance  to  the  state. 

Approved  November  19,  L898.     Public  Axts  L898,  No.  Bl,  pp.  < 

I.   Labeling  of  butter  substitutes.     Whoever,   by  himself  or  his  agents,   sells, 
exposes  for  -ale.  or  has  in  hi-  possession  with  intent  to  sell,  any  article,  substance  or 

compound,  made  in  imitation  or  semblance  of  butter  or  as  a  Substitute  for  butter, 
and  not  made  exclusively  and  wholly  of  milk  or  cream,  or  containing  any  fats,  oils 

OSenot  produced  from  milk  or  cream,  -hall  have  the  word-,  •'imitation  bul 
or   if   such   substitute    i-    the  compound    known    as   oleomargarine,    then    the    word, 

"oleomargarine,"  or  if  it  is  known  as  butterine,  then  the  word,  u  butterine,"  Btamped, 

labeled  or  marked  in  a  straight  line  in  printed  letter- of  plain,  uncondensed  Gothic 
type,  not   less  than  one-half  inch  in  length,  bo  that  said  words  cannot  be. 

I,  upon  the  top,  side  and  bottom  of  every  tub,  firkin,  box  or  p.  itain- 

ing  any  of  said  articles,  substances  or  compounds.     The  stamp,  lab.' 
contain  no  other  words.     Ami  u  boever,  by,  himself  or  ! 

sale  any  of  the  said  article,  substance  or  compound  not  in  the  original  pa< 

attach  t  >  the  said  article,  substance  or  compound,  in  aconspicuou 


in  Statute-. 

18621     v.   09,  pt  . 


626  FOODS    A  XI)    FOOD    CONTROL. 

ing  the  words,  "'imitation  butter,"  "oleomargarine,"  or  "  butterine,"  as  the  article 

may  be,  in  printed  letters  of  plain,  oncondensed  Gothic  type,  not  less  than  one-half 
inch  in  length.  And  in  eases  of  retail  sales  of  any  such  article,  substance  or  com- 
pound not  in  the  original  packages,  the  seller  shall  by  himself  or  his  agents,  attach 
to  each  package  bo  sold,  and  shall  deliver  therewith  to  the  purchaser,  a  label  or 
wrapper  bearing  in  a  conspicuous  place  upon  the  outside  of  the  package  the  words 
'•imitation  butter,"  "oleomargarine,"  or  "butterine,"  and  no  other  words,  in 
printed  letters  in  a  straight  line  of  plain,  uncondensed  Gothic  type,  not  less  than 
one-half  inch  in  length. 

Sec.  -.  Labeling  of  imitation  cheese.  Whoever,  by  himself  or  his  agents,  sells, 
exposes  for  Bale,  or  has  in  his  possession  with  intent  to  sell,  any  article,  substance  or 
compound,  made  in  imitation  or  semblance  of  cheese,  or  as  a  substitute  for  cheese, 
and  not  made  exclusively  and  wholly  of  milk  or  cream,  or  containing  any  fats,  oils 
or  grease  not  produced  from  milk  or  cream,  shall  have  the  words  "  imitation  ch< 
stamped,  labeled,  or  marked  in  printed  letters  of  plain  Roman  type,  not  less  than 
one  inch  in  length,  so  that  said  words  cannot  be  easily  defaced,  upon  the  side  of 
every  cheese-cloth  or  band  around  the  same,  and  upon  the  top  and  side  of  every  tub, 
firkin,  box  or  package  containing  any  of  said  article,  substance  or  compound.  And 
in  cases  of  retail  sales  of  any  of  said  article,  substance  or  compound  not  in  the  origi- 
nal packages,  the  seller  shall,  by  himself  or  his  agents,  attach  to  each  package  -(1 
sold  at  retail,  and  shall  deliver  therewith  to  the  purchaser,  a  label  or  wrapper  bear- 
ing in  a  conspicuous  place  upon  the  outside  of  the  package  the  words  "  imitation 
cheese,*'  in  printed  letters  of  plain  Roman  type  not  less  than  one-half  an  inch  in 
length. 

Sir.  :;.   Penalty  for  defacing  labels,  etc.     Whoever  sells,  exposes  for  sale,  or  has  in  his 

-don  with  intent  to  sell,  any  article,  substance  or  compound  made  in  imitation 

or  semblance  of  butter  or  cheese,  or  as  a  substitute  for  butter  or  cheese,  except  as 

provided  in  the  two  preceding  sections,  and  whoever,  with  intent  to  deceive,  defaces, 
erases,  cancel-  or  removes  any  mark,  stamp,  brand,  label  or  wrapper  provided  for  in 
said  sections,  or  in  any  manner  shall  falsely  label,  stamp  or  mark  any  box,  tub, 
article  <>r  package  marked,  stamped  or  labeled  as  aforesaid,  shall  for  every  such 
offense  forfeit  to  the  city  or  town  where  the  offense  was.  committed  one  hundred 
dollars,  and  for  a  second  and  each  Bubsequenl  offense  two  hundred  dollars. 

4.  Penalty  for  false  labeling.  Whoever,  by  himself  or  his  agents,  .-ell.-,  exposes 
for  sale,  or  has  in  his  possession  with  intent  to  sell,  any  article,  substance  or  com- 
pound, made  in  imitation  or  semblance  of  butter  or  as  a  substitute  for  butter,  and 
not  made  exclusively  and  wholly  of  milk  or  cream,  or  containing  any  fats,  oil  or 
grease  not  produced  from  milk  or  cream,  contained  in  any  box,  tub,  article  or  pack- 
age, marked  or  labeled  with  the  wind,  "dairy,"  or  the  word,  "creamery,"  or  the 

name  of   any  breed  of  dairy  cattle,  shall    for  even   BUCh    offense  forfeit  to   the  city  or 

town  w  here  the  offense  was  committed  one  hundred  dollars,  and  for  a  second  and 

Subsequent  offense  tWO  hundred  dollars. 

,5.   Definitions.     For  the  purposes  of  this  act  the  terms  "butter"  and  "ch< 
-hall  mean  the  products  which  are  usuall)  known  bj  these  names  and  are  manufac- 
tured exclusively  from   milk  or  cream  with  Ball  and  rennet  and  with  or  without 
coloring  matter. 

Ution.      The  -tale's  at  ton  icy  sha  1 1  inst  it  ulc  coiu|  ilaints  for  violations  of 

the  provisions  of  the  five  preceding  sections  when  he  has  reasonable  cause  to  believe 
th.it  such  provisions  have  been  violated,  and  <»n  the  information  of  any  person  who 
before  him  satisfactory  evidence  by  which  to  Bustain  .-neb  complaint  Said 
state'-  attorney  may  enter  all  places  where  butter  or  cheese  is  stored  or  kept  for  sale, 
and  said  attorney  shall  also  take  specimens  of  Buspected  butter  and  cheese  and  cause 
t  hem  to  be  analyzed  or  otherwise  satisfactorily  tested,  the  resull  of  which  analysis  or 


VERMONT.  627 

test  he  shall  record  and  preserve  as  evidence.  The  expense  of  such  analysis  or  test. 
not  exceeding  twenty  dollars  in  any  one  rase,  may  be  included  in  the  co>t  of  such 
prosecutions. 

7.    Repeal.     Sections  4334,  4335,  4336,  4337,  4338,  4339,  4340  oi  Chapter  Is:;. 
Vermont  Statutes,  are  hereby  repealed. 

Approved  November  27,  1900.     Public  Acts,  1900,  p.  46. 

FLOUR. 

4303.  Inspector  appointed.  The  board  of  civil  authority  in  each  town  may,  at  a 
meeting  called  for  that  purpose,  appoint  an  inspector  of  Hour,  who  shall  not  be  a 
manufacturer  or  deak  r  in  flour  either  directly  or  indirectly,  and  who  shall  be 8 worn, 
and  may  appoint  deputies,  for  whose  acts  he  shall  be  responsible;  and  such  board 
may.  at  a  regular  meeting,  remove  such  inspector,  when  such  removal  is  for  the  public 
good.  Such  inspector  shall  hold  office  until  the  first  day  of  December  following  his 
appointment,  unless  sooner  removed. 

4.'{()4.  Inspection.  Each  inspector  of  flour,  in  the  town  for  which  he  is  appointed, 
shall  inspect  Hour  packed  in  barrels  or  half-barrels,  tor  sale  or  exportation. 

4805.  "Barrel"  defined.  A  barrel  of  flour  shall  contain  one  hundred  and  ninety- 
six  pounds,  and  a  naif-barrel  ninety-eight  pounds. 

4306.  Branding  by  manufacturer.  A  manufacturer  of  flour  shall  brand  Legibly,  on 
the  head  of  each  barrel  or  cask  of  Hour  by  him  exported  or  Bold,  the  words  "extra." 
"fancy,"  "superfine  No.  L,"  or-  "superfine  No.  2,"  "scratched  superfine,"  "fine," 
and  "fine  middling,"  according  to  the  quality  of  the  Hour,  and  the  true  tare  or 
weight  of  each  barrel  or  cask,  and  the  weight  of  its  content.-,  with  the  first  letter  of 
the  christian  name,  and  tin;  surname  at  length,  of  the  inspector  who  inspected  the 
same. 

4807.  Fine  for  misbranding,  etc.  A  manufacturer  of  Hour  who  sells  or  export-  a 
barrel  or  cask  of  Horn- which  contains  Less  than  the  Dumber  of  pounds  required  b) 
law.  or  is  not  branded  as  required  in  the  preceding  section,  or  is  falsely  branded  in 
any  particular,  or  has  not  been  inspected  previous  to  Buch  sale  or  exportation  by  an 
inspector,  shall  be  lined  ten  dollars. 

4808.  Branding  by  inspector  as  to  quality.  An  inspector  of  Hour  shall,  when  flour 
is  inspected  by  him,  ascertain  the  quality  of  the  contents  of  each  barrel  or  cask,  and 
brand  legibly  on  the  head  of  each  barrel  or  cask  the  words  "extra. "■  "fancy," 
"superfine  No.  1."  or  "superfine  No.  2,"  "scratched  superfine,"  "•tine."  and  "fine 
middling,"  according  to  the  quality,  unless  the  same  has  been  previously  and  cor- 
rectly branded;  and  where  the  same  has  been  previously  and  incorrectly  branded, 
he  shall  alter  the  brand  according  to  the  quality;  and  he  -hall  brand  in  the  same 

manner   barrels  or  caflkfl  containing  Hour  BO  damaged   a-  to  be  unlit  for  use,  w  ith  the 

word  "  bad." 

1800.  Inspection  as  to  weight,  lie  shall  ascertain  the  weight  of  each  barrel  or  cask 
by  him  inspected,  and  if  containing  the  number  of  pounds  required  by  law.  shall 

brand  said  weight   Legibl]   on    the  head  of  each  barrel  or  cask,   if   QOt    previous 

rectly  branded,  and  brand  in  the  same  manner  each  barrel  or  cask  not  containing  the 
number  of  pounds  required  by  law   with  the  word  "light;"  he  -hail  ascertain  by 
examination  the  weight  of  caski  or  barrels  which  he  suspects  are  falsel)  or 
rectly  marked,  and  correct  the  mark  of  the  tare  thereon,  if  falsely  or  incorrectly 
marked 

1810.   Misbranding  by  inspector.      \n  inspector  of  flour  wit  i  cask 

containing  flour  that  he  has  not  inspected,  or  marks  a  fain  j  him 

inspected,  shall  be  lined  ten  dollaj 

181  la    Misbranding  in  general.     A  person  not  an   in  ■•■ 
cask  containing  Hour,   in  the  manner  directed  in  thw  <  ■  fined  ten 

dollai 


628  FOODS    AND    FOOD    CONTROL. 

431*2.  Sale  without  inspection.  A  persoo  who  sells  or  offers  for  sale,  flour  by  the 
barrel,  before  the  same  has  been  inspected,  agreeably  to  the  provisions  of  this  chap- 
ter, unless  the  same  has  been  inspected  in  another  state  or  territory,  agreeably  to 
tli*'  laws  thereof,  and  marked  or  branded  accordingly,  shall  be  fined  live  dollars  for 
each  barrel  of  Hour  so  sold,  or  offered  for  sale.  This  section  shall  not  extend  to  flour 
brought  into  this  state,  and  transported  out  of  this  state,  either  by  the  importer  of 
such  Hour  <>r  the  person  to  whom  such  flour  is  sold  by  the  importer,  whether  such 
flour  is  sold  before  or  after  it  is  brought  into  the  state. 

4:>1*>.  Samples.  A  flour  inspector  shall  not  draw  more  than  two  ounces  of  flour 
from  a  barrel  inspected  by  him. 

4314.  Pay  for  inspection.  He  shall  receive  one  cent,  and  no  more,  for  each  barrel 
or  ca«k  ot*  flour  inspected  by  him. 

Statutes,  L894,  p.  77:;. 

LARD. 

4.'{41.  Labeling  of  compound  products.  No  person  by  himself,  his  agent  or  servant, 
shall  prepare,  sell  or  expose  for  sale  lard  or  any  substance  intended  for  use  as  lard, 
which  contains  any  ingredient  but  the  pure  fat  of  swine,  in  any  tierce,  bucket,  pail 
or  other  package  under  a  label  bearing  the  words  "pure,"  "refined,"  or  "family," 
alone  or  in  combination  with  other  words,  unless  the  package  containing  the  same 
-  upon  the  outside  thereof,  in  Letters  not  less  than  one-fourth  of  an  inch  long, 
the  words  "compound  lard." 

4.'>4'2.  Penalty.  A  person  violating  the  provisions  of  the  preceding  section  shall 
l»e  fined  not  more  than  fifty  dollars  for  each  offense. 

Statutes.  L894,  p.  77s. 

MAPLE  PRODUCTS  A\I>  HONEY. 

4.'{44.  A  person  who  adulterates  maple  BUgar,  maple  syrup,  or  bees'  honey  with 
cane  BUgar,  glucose,  or  any  substance  whatever,  for  the  purpose  of  sale,  or  who  know- 
ingly sells  maple  sugar,  maple  syrup  or  bees'  honey  that  has  been  adulterated,  shall 
be  punished  by  a  tine  of  not  more  than  two  hundred  dollars  and  not  less  than  fifty 
dollars  for  each  offense.      One-half  of  such  tine  shall  go  to  the  complainant. 

Statutes,  L894,  p.  779. 

WATER 

I.  State  board  of health  in  charge  of  water  supplies.  The  state  board  of  health 
shall  have  the  general  oversighl  and  care  of  all  water-,  atreamsand  ponds  used  by 
any  cities,  tow  ns,  villages  or  public  institutions  or  by  any  water  or  ice  companies  in 
this  state  as  sources  of  water  supply,  and  of  all  springs,  streams  and  watercourses 
tributary  thereto,  [t  shall  have  power  to  call  for,  and  when  it  calls  for  il  shall  be 
provided  with,  maps,  plans  and  documents  suitable  for  such  purposes  at  the  expense 
of  .-ii.li  city,  town,  village,  public  institutions,  water  or  ice  company,  and  shall  keep 
records  of  all  its  transactions  relative  thereto.  Said  board  shall  have  authority  to 
prohibit  any  town,  city,  village,  public  institution,  individual  or  water  or  ice  com- 
pany from  using  water  or  ice  bom  any  given  source  whenever  in  its  opinion  the 
Bame  is  bo  contaminated,  unwholesome  or  impure  that  the  use  thereof  endangers  the 

public  health.      And  the  board  <>t*  chancery  shall    have  jurisdiction  and    DOWOr,  upon 
application    therefor    h\    the   state    hoard  of    health,  to  enforce    by  proper  order  and 

decree  any  order,  rule  or  regulation  which  said  board  may  make  under  and  by  \ir- 
tue  of  this  section.      la  amended  November  i>  1  otoa  of  1904,  No.  t$9,  p.  185. 

8bc.  "-'•  Examinations;  mnitary  regulations.  Said  board  may  cause  examinations  of 
such  waters  to  be  made  to  ascertain  their  purity  and  fitness  for  domestic  use,  or 
their  liability  to  impair  the  interests  of  the  public  or  of  persons  lawfully  using  them 


VERMONT.  629 

or  to  imperil  the  public  health.  It  may  make  rules  and  regulations  to  prevent  the 
pollution  and  to  secure  the  sanitary  protection  of  all  such  waters  as  are  used  as 
sources  of  water  supply. 

Sec.  3.  Publication  of  regulations;  affidavit.  The  publication  of  an  order,  rule  or 
regulation  made  by  the  board  under  the  provisions  of  section  two  or  six  here 
the  newspaper  of  any  town  or  village  in  which  such  order,  rule  <»r  regulation  is  to  take 
effect,  or,  if  no  newspaper  is  published  in  such  city,  town  or  village,  the  posting  of  a 
copy  of  such  order,  rule  or  regulation  in  three  public  places  in  such  city,  town  or 
village,  shall  be  legal  notice  to  all  persons,  and  an  affidavit  of  such  publication  or 
posting  by  the  persons  causing  such  notice  to  be  published  <»r  posted,  filed  and 
recorded  with  a  copy  of  the  notice  in  the  office  of  the  clerk  of  such  city,  town  or  vil- 
lage, shall  be  admitted  as  evidence  of  the  time  at  which  and  the  place  and  manner 
in  which  the  notice  was  given. 

Sec  4.  Biennial  report  of  board;  notice  to  Sate1 8  attorney.  Said  board,  shall  include 
in  its  biennial  report  to  the  general  assembly,  its  doings  for  the  preceding  biennial 
term  and  shall  recommend  measures  for  the  prevention  of  tin;  pollution  of  such 
waters  and  for  the  removal  of  polluting  substances,  in  order  to  protect  and  develop 
the  rights  and  property  of  the  state  therein  and  to  protect  the  public  health,  and 
shall  recommend  any  legislation  or  plans  for  systems  of  main  sewers  necessary  i-  r 
the  preservation  of  the  public  health  and  for  the  purification  and  prevention  of  pol- 
lution of  the  ponds,  streams  and  waters  of  the  slate.  It  shall  also  give  notice  to  the 
state's  attorney  for  the  county  wherein  any  violation  of  the  law  relative  to  the  pol- 
lution of  the  water  supplies  occurs.  It  shall  have  power  to  employ  such  expert 
assistants  as  it  considers  necessary. 

5.    Proposed  systems  6f  water  supply  y  drainage,  etc.;  board  an  advisory  body. 
Cities,  towns,  villages  and  persons  shall  submit  to  said  board  For  its  advice  their  pro- 
ems of  public  water  supply  or  for  the  disposal  of  drainage  or  sewage.     Said 
boards  shall  consult  with  and  advise  the  authorities  of  the  cities,  towns,  \  Ulagefi  and 
persons  having  or  about  to  have  systems  of  public  water  supply,  drainage  or  Bewage, 

as  to  the  most  appropriate  BOUrcefi  <<i  water  BUpply  and  the  best  methods  of  assuring 

it-  parity  <•!■  a-  to  the  best  methods  of  disposing  of  their  drainage  or  Bewage,  with 
reference  to  the  existing  and  future  need-  of  other  cities,  towns,  villages  or  persons 
which  may  be  affected  thereby.  It  shall  also  consult  with  and  advise  persons 
engaged  or  intending  to  eiiLra'_re  in  any  manufacturing  or  other  business  whose  drain- 
age Or  Bewage    may  tend    to  pollute  any  water  or  source  of  water  supply,  as   to  the 

hot  method  of  preventing  such  pollution  and  it  may  conduct  experiments  to  deter- 
mine the  best  methods  of  purification  or  disposal  of  drainage  or  sewage.  No  person 
shall  be  required  t<»  bear  the  expense  of  such  consultation,  advice  or  experiments. 
In  this  section  the  term  "drainage"  means  the  rain-fall,  surface  and  sub-soil  water 
only  and  "sewage"  means  domestic  and  manufacturing  tilth  and  rei 

iction  upon  complaint  of  nuisance;  damages;  appeal.     Upon  petition  to  waid 
board  by  the  mayor  of  a  city,  the  selectmen  of  a  town,  the  trustee  or  bailiff  of  a 
village,  the  managing  board  or  officer  of  any  public  institution,  or  by  a  bo 
water  commissioners  or  the  presidenl  of  a  water  or  ice  company,  stating  that  manure, 
neiit,  garbage  or  any  other  matter  is  polluting  or  tending  to  pollute  the 

Of  any  stream,  pond,  spring,  or  watercourse   used    by  BUCh  city,  town,  village,  insti- 
tution or  company  as  i  source  of  water  supply,  the  board  shall  appoint  a  tin  • 
place  within  the  county  where  the  nuisance  or  pollution  is  alleged  to  exist  for  hear- 
ing and  after  notice  thereof  to  parties  interested  and  a  hearing,  if  in  its  judgment 
the  public  health  so  requires,  shall  by  an  order  served  apon  th< 
premises  s<»  polluted,  prohibit  the  deposit;  keeping  or  discharge  of  an)  Buchcai 
pollution  and  shall  order  him  to  desist  therefrom  and  to  remove  any  such  cai 
pollution;  but  the  board  shall  not  prohibit  the  cultivation  d  the  ordi- 

nary methods  of  agriculture  if  no  human  excrement  is  used   t: 


630  FOODS    AND    FOOD    CONTROL. 

shall  not  prohibit  the  use  of  any  structure  which  was  in  existence  at  the  time  of  the 

this  act,  upon  a  complaint  made  by  the  board  of  water  commission! 
any  city,  town  or  village,  or  by  any  water  or  ice  company  unless  such  board  of  water 
commissioners  or  company  files  with  the  state  board  a  vote  of  its'  city  council,  select- 
men, truster- or  bailiffs  or  company,  respectively,  that  Buch  city,  town,  village  or 
company  will  at  his  own  expense  make  such  change  in  said  structure  or  its  location 
as  -aid  board  shall  deem  expedient  Such  vote  shall  he  binding  on  such  city,  town, 
village  <>r  company.  Ail  damages  caused  by  such  change  shall  be  paid  by  such  city, 
town,  village  or  company;  and  if  the  parties  cannot  agree  thereon  such  city,  town, 
village  or  company  shall  tender  to  the  parties  sustaining  damages  such  a  sum  of  money 
as  in  their  judgment  is  a  reasonable  compensation  for  the  damages  sustained.  Who- 
ever is  aggrieved  by  an  order  under  the  provisions  of  the  preceding  section  or  with 
the  sum  so  tendered  as  damages  may  appeal  therefrom  in  the  manner  provided  in 
Vermont  Statutes  sections  :i">l4  to  3317  inclusive,  relating  to  highways.  But  the 
notice  therein  provided  for  shall  Deserved  on  thepartjtor  parties  who  an-  petitioners 
in  fact  under  section  six  of  this  act,  and  also  upon  the  state  hoard  of  health.  If  the 
appeal  he  only  from  the  compensation  for  damages,  the  order  of  the  hoard  shall  he 
complied  with  during  the  pendency  of  such  appeal  unless  otherwise  authorized  by 
-aid  hoard. 

7.  Jurisdiction.  The  court  of  chancery  shall  have  jurisdiction  and  power  upon 
an  application  thereto  by  the  state  hoard  of  health  or  any  party  interested  to  enforce 
it<  orders,  or  the  orders,  rules  and  regulations  of  said  hoard  of  health,  and  to  restrain 
tin-  use  or  occupation  of  the  premises  or  such  portion  thereof  a.-  said  hoard  may  spec- 
ify, on  which  said  material  is  deposited  or  kept  or  such  other  cause  of  pollution 
exist>,  until  the  orders,  rules  and  regulations  of  said  hoard  have  been  complied  with. 

B.  Inspection.  Said  hoard  of  health  may  by  itself,  its  servants  and  agents,  enter 
any  building,  structure  or  premises  for  the  purpose  of  ascertaining  whether  sources 
of  pollution  or  danger  to  the  water  supply  there  exist  and  whether  the  rules,  regula- 
tions and  orders  aforesaid  are  obeyed. 

9.  Penalty.  Whoever  violates  any  rule,  regulation  or  order,  made  under  the 
provisions  of  section  two  or  section  six  of  this  act  shall  be  punished  for  each  offense 
by  :i  fine  of  not  more  than  five  hundred  dollars,  to  the  use  of  the  state,  or  by  impris- 
onment for  not  more  than  one  year,  or  by  both  such  line  and  imprisonment. 

Sec.  10.  Dischargi  of  sewage,  etc.,  into  streams  and  /><>ii<ls.  No  sewage,  drainage, 
refuse,  or  polluting  matter  of  such  kind  and  amount  as  either  by  itself  or  in  connec- 
tion with  other  matter  will  corrupt  or  impair  the  quality  of  the  water  of  any  pond 
or  Btream  used  as  a  source  of  ice  or  water  supply  by  a  city,  town,  village,  pul  lie 
institution  or  water  company  for  domestic  use  or  rendered  injurious  to  health  shall 
be  discharged  into  any  such  streams,  pond.-,  or  upon  their  banks. 

8ec.  11.   Repealed  November  L6,  L904,  Laws  of  L904,  No.  L39,  p.  Lfi 

L2.  Jurisdiction  of  court  <>(  chancery.  The  court  of  chancery,  upon  the  appli- 
cation of  a  mayor  of  a  city,  the  selectmen  of  a  town,  the  trustees  or  bailiffs  of  an 
incorporated  village,  the  managing  board  or  officer  of  a  public  institution,  or  a  wan  r 
or  ice  company  interested,  shall  have  jurisdiction  in  equity  to  enjoin  the  violation  of 
the  pro\  isions  of  section  ten. 

mi.  13.  Sewagi  regulations;  penalty.  Whoever  wilfully  deposits  excrement  or  foul 
or  decaying  matter  in  water  which  is  used  for  the  purpose  of  domestic  water  supply 
<.r  on  the -hore  thereof  within  five  rods  of  tin- water  shall  be  punished  bj  a  fine  of 
not  more  than  fifty  dollars  or  bj  imprisonment  for  not  more  than  thirty  days;  and  a 
constable  of  a  t-.w  n  or  police  officer  of  a  city  or  \  illage  in  w  huh  such  water  is  u  holly 

or  partially  situated,  may  act   within  the  limits  of  his  city  or  town  and  any  executive 

officer  or  agent  of  a  water  board,  hoard  of  water  commissioners,  public  institution 

or  water  company  furnishing  water  or  ice  for  domestic  purposes,  acting  upon  the 

premises  of  BUCh    board,  institution   or  companx   and    not    more   than    live   rods   from 


VKRMONT.  631 

the  water,  may  without  a  warrant  arrest  any  person  found  in  the  act  of  violating 
'the  provisions  of  this  section  and  detain  him  until  complaint  may  be  made  against 
him  therefor.  But  the  provisions  of  this  section  shall  not  interfere  with  the  sewer- 
age of  a  city,  town,  village  or  public  institution,  or  prevent  the  enriching  of  land  for 
agriculture  by  the  owner  or  occupant  thereof. 

14.  Safaris  awl  expenses  of  i,aar<l.  Kadi  member  of  the  state  board  of  health 
shall  receive  four  dollars  per  day  and  actual  expenses  while  in  the  discharge  of  his 
duties  imposed  by  this  act  The  state  auditor  is  directed  to  draw  hi-  order  on  the 
state  treasurer  every  six  months  for  such  Bums  as  are  necessary  to  meet  the  expenses 
of  said  board  under  the  provisions  of  tins  act. 

Approved  December  L2,  Vmvi.     Acts  and  Resolves  L902,  Xo.  lb"),  p.  144. 
RULES    AM)    REGULATIONS   OF   THE   STATE   BOARD   OF    BEALTH. 

January  ii.  1906. 

In  conformity  with  the  requirements  of  Section  18  of  No.  14.'-!,  laws  of  L904,  the 
State  board  of  Health  hereby  adopts  the  following  rules  and  regulations  to  facilitate 
the  enforcement  of  No.  143  and  Xo.  144,  laws  of  1904.  Any  violation  of  these  ruins 
or  regulations  is  punishable  by  a  fine  of  not  more  than  five  hundred  dollars. 

St  \  1 1:    Bo  \ki>  OF    1 1  k  \i.in. 

1 1  enry   1  >.    I  Ioi.ton,  St  '•/'  tary. 

Honest  labels. — All  canned  and  bottled  goods^must  bear  the  nana*  and  add? 
the  manufacturer  or  packer,  and  shall  be  labelled  bo  as  to  give  true  information 
regarding  the  contents,  and  any  package  with  a  label  bo  worded  or  in  type  of  such 
size  or  colour  as  to  (intentionally)  deceive  the  purchaser,  shall  be  deemed  an  adul- 
terated article. 

Antiseptics  and  preservatives. — Salicylic  acid,  benzoic  acid,  boric  acid,  hydrofluoric 
acid,  Bulphurous  acid,  and  compounds  of  these  acids  formaldehyde  or  formalin  and 
various  mixtures  known  to  the  trade  as  "  Freezine,"  ■•  Iceine,"  "  Formol,"  •'  rVeser- 
vatines"  of  various  kinds,  etc.,  are  antiseptics  and  foods  or  food  products  containing 
them  are  adulterated  except  where  specifically  permitted.  The  use  of  salt.  - 
vinegar,  saltpetre  and  w l-smokes,  as  employed  in  curing  meat,  are  not  prohibited. 

Baking  powder. — Baking  powders  must  consist  only  of  wholesome  materials,  the 
names  of  which  shall  be  stated  on  the  label,  and  shall  give  at  least  ten  |  lo  per  cent, 
of  their  own  weight  of  carbonic  acid  gas  on  addition  of  water. 

Quantity  of  sample  required — one-half  pound  in  original  package. 

Butter.  butter  is  the  product  obtained  by  gathering  in  any  manner  the  fat  of 
fresh  <.r  ripened  milk  or  cream  into  a  mass  which  also  contains  a  Binall  portion  of 
the  other  milk  constituents  with  or  without  salt  and  -hall  contain  not  less  than 
eighty-two  and  five-tenths  (82.fi  per  cent,  of  butter  hit.  Butter  may  contain  addi- 
tional coloring  matter  of  a  harmless  nature. 

Renomted  or  process  butter.     Renovated  or  Process  Butter  is  the  product  obi 
by  melting  bnttei  and  reworking  without  the  addition  or  use  of  chemicals  or 
Bubstances  except  milk,  cream  or  sail  and  shall  contain  not  more  than  sii 
ent.  of  water  and  must  contain  at   least  eighty-two  and   five-tenths    I 

cent,  iif    butter  fat.       butter  or  milk    fat  is    the  fat  of   milk    and  ha-    B 

number  uol  less  than  twenty- four  (24)  and  a  Bpecific  gravit)  not   less  than 
I  io    C.  i"    I 

Quantity  of  -ample  required    one-half  pound. 

Oandy.     Candj  i-  a  product   prepared  from  a  saccharine  subsl 
with  or  without  the  addition  of  harmless  coloring,  flavoring  or  filling  mat 
must  contain  no  terra  alba,  barytes,  talc,  chrome  yellow,  or  other  min< 
or  poisonous  colors  or  flavors  or  other  ingredients  injurious  to  health. 

Quantity  of  -ample  required    of  one  I  ir.d     one-half  pound. 


632  FOODS  AND  FOOD  CONTROL. 

( 'armed  goods. — Canned  goods  must  bear  the  name  and  address  of  the  packer.  It" 
dried  before  packing,  they  must  be  labelled  "soaked  or  bleached"  goods  in  letters' 
not  less  than  two  line  pica  in  size.  The  use  of  peas  or  other  vegetables  greened  with 
copper  is  prohibited. 

Quantity  of  sample  required — two  one  pound  cans  in  original  package. 

Catsups. — Catsups  are  preparations  of  tomato  pulp  and  spices,  and  must  contain  no 
added  coloring  material  or  preservatives. 

Quantity  of  sample  required — one  pint  in  original  bottle. 

Cheese. — (1)  Cheese  is  the  solid  and  ripened  product  obtained  by  coagulating  the 
casein  of  milk  by  means  of  rennet  or  acids,  with  or  without  the  addition  of  ripening 
ferments  and  seasoning.  Cheese  may  also  contain  added  coloring  matter  of  harmless 
nature. 

(2)  Whole  milk, 'or  lull  cream,  cheese,  is  cheese  made  from  milk  from  which  no 
portion  of  the  fat  has  been  removed. 

(3)  Skim-milk  cheese,  is  cheese  made  from  milk  from  which  any  portion  of  the 
fat  has  been  removed. 

(4)  Cream  cheese,  is  cheese  made  from  milk  and  cream,  or  milk  containing  not 
less  than  six  (6)  per  cent,  of  Eat 

standard  whole-milk  or  full  cream  cheese,  is  wliole-milk  or  full  cream  cheese  con- 
taining in  the  water-free  substance,  not  less  than  fifty  (50)  per  cent,  of  butter  fat. 

Quantity  of  sample  required — one-half  pound.    Fancy  cheeses  in  original  pack 
an  amount  approximating  one-half  pound. 

Chocolate. — Chocolate,  plain  or  bitter,  or  chocolate  liquor,  is  the  solid  or  plastic 
mass  obtained  by  grinding  cocoa  nibs  without  the  removal  of  fat  or  other  constituent-. 
except  the  germ,  and  must  contain  not  more  than  three  (3)  percent,  ash  insoluble 
in  water,  three  and  one-half  (3|)  per  cent,  of  crude  fibre  and  nine  (9)  per  cent,  of 
starch,  nor  less  than  forty-five  (45)  per  cent,  of  cocoa  fat. 

Quantity  of  sample  required — one-half  pound  in  original  package. 

Sin-rt  chocolate  and  chocolate  coatings. — Sweet  chocolate  and  chocolate  coatings  art- 
plain  chocolate  mixed  with  sugar,  (sucrose)  with  or  without  the  addition  of  COCOS 
butter,  spices  or  other  flavoring  materials,  and  should  contain  in  the  sugar  and  fat- 
free  residue  no  higher  percentage  of  either  ash,  fibre  or  starch,  than  is  found  in  the 
sugar  and  fat-free  residue  of  plain  chocolate. 

Quantity  of  Bample  required— one-half  pound  in  original  package. 

Oder. — Cider  is  the  unfermented  juice  of  the  apple.  Any  substitute  for  apple 
juice  or  any  added  antiseptic  constitutes  an  adulteration. 

Quantity  of  sample  required— one  pint. 

Cocoa.  — Cocoa  or  powdered  cocoa  is  cocoa  nibs  with  or  without  the  germ,  deprived 

of  a  portion  of  its  fat  and  finely  pulverize. 1,  and  contains  percentages  of  ash,  fibre 
and  starch  corresponding  to  those  in  chocolate  after  correction  for  fat  removed. 

Sweet  or  sweetened  COCOS  is  cocoa  mixed  with  sugar  (sucrose)  and  must  contain  not 

more  than  sixty  (60)  percent  of  sugar  (sucrose)  and  in  the  sugar  and  fat-free  residue 
no  higher  percentage  of  either  ash,  crude  fibre  or  starch  than  is  found  in  the  sugar 
and  Eat-free  residue  of  plain  chocolate. 

Quantity  ol  Bample  required    one  half  pound  in  original  package. 

Coffee.  <  offee  must  he  true  to  name.  It  must  not  be  coated  or  polished  to  conceal 
inferiority. 

Quantity  of  sample  required    one-fourth  pound. 

( bffee  compounds.  Mixtures  of  cereals  or  other  article-  sold  as  substitutes  for  coffee 
iniist  be  sold  as  a  mixture  or  compound  under  an  original  or  coined  name,  and  not 

under  the    name  of   any    ingredient     thereof,    and    iim-t    state  exact    composition   of 

mixture. 
Quantity  of  sample  required    one  original  package. 


VERMONT.  633 

Cream. — Cream  is  that  portion  of  milk,  rich  in  butter  fat.  which  rises  to  the  sur- 
face of  milk  on  standing,  or  is  separated  from  it  by  centrifugal  force,  and  most  con- 
tain not  less  than  eighteen  (18)  per  cent  of  milk  fat.  Evaporated  cream  is  cream 
from  which  a  considerable  portion  of  the  water  lias  been  evaporated. 

Quantity  of  sample  required — one  pint. 

/'  waring  extracts. — Bottles  or  packages  containing  extracts  must  bear  the  name 
and  address  of  the  manufacturer. 

Lemon  extract  shall  contain  at  Least  five  (5)  percent  of  the  pure  oil  of  lemon  dis- 
solved in  ethyl  alcohol. 

Vanilla  extract  shall  be  made  wholly  from  vanilla  bean  and  shall  contain  no  arti- 
ficial coloring.  When  other  flavoring  Bubstances are  used,  such  a-  vanillin,  coumarin 
or  tonka,  the  extract  shall  be  labeled  BO  as  to  show  its  true  character.  The  label 
"Compound  Extract  of  Vanilla  "  will  not  be  deemed  sufficient  notice  of  the  compo- 
sition of  the  article. 

Quantity  of  sample  required — four  ounces;  preferably  two  two-ounce  bottles. 

Flour. — Flour  must  be  composed  entirely  of  one  ground,  cereal.  The  admixture 
of  other  Hours  or  materials  constitutes  an  adulteration. 

Glxden  flour. — Gluten  Hour  is  Hour  from  which  the  starch  has  been  washed,  wholly 
or  in  part,  and  must  contain  at  least  thirty  (30)  per  cent  proteids  calculated  by  mul- 
tiplying the  nitrogen  content   by  the  factor  6.25  and  not   over  forty-eight  (48 
cent  of  starch. 

Quantity  of  Bample  required— one-half  pound. 

Fruit  jellies,  fruit  jams,  preserves,  etc. — Fruit  jellies,  fruit  butters,  preserves,  canned 
fruits,  fruit  conserves,  confections,  fruit  juices  and  syrups,  etc..  must  consist  of  the 
fruit  specified  on  the  label,  preserved  only  with  cane  Sugar,  with  or  without  the 
addition  of  glucose,  and  must  not  contain  artificial  flavors,  coloring  matters  or  pre- 
servatives, li  such  articles  contain  any  substitute  for  the  fruit,  or  any  injurious 
material  to  make' up  bulk  or  weight,  any  artificial  flavor,  color  or  antiseptic,  or  any 
substance  not  naturally  occurring  in  such  fruit,  except  spices  "or  other  wholesome 
natural  flavoring  materials,  they  shall  be  considered  to  be  adulterated. 

Quantity  of  Bample  required — two  tumblers,  or  an  equivalent  amount,  in  original 
I  tack. 

I/nihii.  Honey  is  the  nectar  of  flowers  and  Baccharine  exudations  of  plants  gath- 
ered by  bees.  Honey  made  by  feeding  bees  glucose,  sugar  syrup  or  other  saccharine 
substance,  is  not  pint-  honey.  Adding  glucose  Bugar  or  syrup  to  honey,  or  substitut- 
ing these  materials  for  honey  constitutes  an  adulteration. 

Quantity  of  sample  required — "Strained  "  a  container  with  at  least  one-half  pound 
net  weight  in  original  package. 

Lard.  Lard  i-  the  rendered  fresh  tat  from  healthy  slaughtered  hogs.  Leaf  lard 
is  the  lard  rendered  at  moderately  high  temperature  from  the  internal  Eat  of  the 
abdomen  of  the  hog,  excluding  that  adherent  to  the  Intestines.  Standard  lard  and 
standard  leaf  lard  are  lard  and  leaf  lard  respectively,  bee  from  rancidity,  containing 

not  more  than  one  |  l  i  per  cent  of  sub-tam,-.  other  than  fait \  acid-,  not  fat.  neces- 
sarily incorporated  therewith  in  the  process  of  rendering,  and  standard  leaf  lard  has 
an  iodine  number  not  greater  than  Bixtj    6 
Quantity  of  sample  required    one-half  pound. 

I)  Milk  (whole  milk  i,  i-  the  lacteal  secretion  obtained  bj  the  complete 
milking  of  one  or  more  healthy  cow.-,  properly  fed  and  kept,  excluding  that  obtained 
within  fifteen  d  re  and  the  days  after  calving,  and  should  contain  not  less 

than  twelve  (12)  per  cent  of  total  solids  and  not  lees  than  eight  and  one  hall 
per  cent  of  solids  not  nit,  nor  less  than  three  and  one-fourth  cut  of  milk  fat. 

Blended  milk,  is  milk  modified  in  it-  composition  so  a-  to  have  a  definite  and 
stated  percentage  of  one  or  more  of  its  constituents, 


634  FOODS  AND  FOOD  OONTBOL. 

^kini  milk,  is  milk  from  which  a  part  or  all  of  the  cream  has  been  removed, 
and  must  contain  not  less  than  nine  and  a  quart-  per  cent  of  milk  solids. 

Quantity  of  sample  required — one  pint. 

i  ondensed  milk,  is  milk  from  which  a  considerable  portion  of  water  has  been 
evaporated. 

Sweetened  condensed  milk,  is  milk  from  which  a  considerable  portion  of  water 
has  been  evaporated  and  to  which  sugar  (sucrose)  has  been  added.  Standard  con- 
densed milk  and  standard  sweetened  condensed  milk  are  condensed  milk  and  sweet- 
ened condensed  milk,  respectively,  containing  not  less  than  twenty-eight  (28)  per 
cent  of  milk  solids,  of  which  not  less  than  one-fourth  is  milk  fat. 

Quantity  of  -ample  required— one  original  package. 

Maple  sugar. — Maple  sugar  is  the  solid  product  resulting  from  the  evaporation  of 
maple  sap. 

Quantity  of  sample  required— one-half  pound. 

Maple  syrup. — Maple  syrup  is  a  syrup  obtained  by  the  evaporation  of  maple  Bap  or 
by  the  solution  of  maple  concrete. 

The  chief  elements  of  value  in  maple  sugar  and  maple  syrup  is  the  maple  flavoring 
and  any  admixture  of  other  sugars  is  an  adulteration. 

Quantity  of  simple  required — one  pint  in  original  packag 

Molasses.  —  Molasses  is  the  product  left  after  separating  the  sugar  from  massecuite, 
melada,  mush-sugar,  or  concrete,  and  must  contain  not  more  than  twenty-five  (25) 
per  cent  of  water  nor  more  than  live  (5)  per  cent  of  ash. 

Syrup  is  the  product  obtained  by  purifying  and  evaporating  the  juice  of  a  sugar 
producing  plant  without  removing  any  of  the  sugar,  and  a  standard  syrup  must  contain 
not  more  than  thirty  (30)  per  cent  of  water,  nor  more  than  two  and  five-tenths    2.5 
per  cent  of  ash. 

Quantity  of  sample  required — one  pint. 

Oleomargarine. — Oleomargarine,  butterine  or  kindred  compounds  or  mixture-  of 
the-' with  butter,  cannot  lawfully  be  sold  if  colored  in  imitation  of  butter. 

Quantity  of  sample  required — one-half  pound. 

Olive  oil. — Olive  oil  is  the  expressed  oil  of  the  olive.  The  substitution  of  other 
oils  or  fats  for  olive  oil,  either  in  part  or  in  whole,  constitutes  an  adulteration. 

Quantity  of  sample  required — one  pint. 

Manufactured  meats. —  Manufactured  meats  must  bear  names  descriptive  of  the 
composition,  and  when  bearing  such  descriptive  names,  if  force  or  flavoring  meats 
ar<«  used,  the  kind  and  quantity  thereof,  must  be  made  known. 

Sausage. — Sausage  must  be  prepared  from  the  properly  prepared  edible  parts  of 
animals,  and  must  contain  no  preservative  Other  than  SUgar,  salt,  saltpetre,  Bmoke, 
condiments,  and  no  artificial  coloring  matter. 

Quantity  of  -ample  required-   one-half  pound. 

Spices. — Spices  are  aromatic  vegetable  Bubstances used  for  the  seasoning  of  food, 

an«l   should  be  composed  of  the  sound  spice  true  to  name  from  which    no   portion   of 

any  volatile  oil  or  other  flavoring  principle  has  been  removed.  All  spices  must  be 
pure.  Any  admixture  of  any  foreign  article  with  any  spice  is  an  adulteration. 
Allspice  or  pimento  is  the  dried  fruit  of  Pimenta  officinalis  Lindl.  and  must  contain 
not  lees  than  eight  (8)  per  cent  of  quercitannic  acid;  not  more  than  six  (6)  percent 
of  total  ash;  not  more  than  five-tenths  (0.5)  percent  of  ash  insoluble  in  hydrochloric 
acid,  and  not  more  than  twenty  five  (25)  per  cent  of  crude  fiber. 
Cayenne  pepper  ><i  cayenne  ie  the  dried,  ripe  fruit  of  Capsicum  fastigiatum  Ih\, 
cum  frutescei  L  .  Capsicum  baccatum  I...  orsomeother  small-fruited  specie- of 
I  <////.    standard  cayenne  pepper  must  contain  not  less  than  fifteen  (  b>  |  percent 

of  Hon -volatile  ether  extract ;  not  more  than  six  and  five-tenths  (6.5)  per  cent  of  total 

ash;    not   more  than  five- tenths  (0.6)   per  cent  of  BSE    insoluble  in  hydrochloric  acid; 
not    more  than  one  and  five-tenths  (  L.5  )  per  cent  of  starch  by  the  di.i-ta-e   method, 

and  not  more  than  twenty-eighl  ent  of  crude  liber. 


VERMONT.  635 

Cinnamon  is  the  dried  bark  of  any  species  of  the  genus  Cinnamomum  from  which 
the  outer  layers  may  or  may  not  have  been  removed  and  must  contain  not  more 
than  eight  (8)  per  cent  of  total  ash  and  not  more  than  two  |  2)  per  cent  of  sand. 

Cassia  is  the  dried  bark  of  the  Cinnamomum,  other  than  the  Cinnamomum  uy~ 
lanicum,  from  which  the  outer  layers  may  or  may  not  have  been  removed,  and  must 
contain  not  more  than  eight  (8)  per  cent  of  total  ash,  and  not  more  than  two  (2)  per 
cenl  of  -and. 

( lloves  are  the  dried  Mower  buds  of  Eugenia  caryophyllaia,  Thunb.,  which  contain 
not  more  than  live  (5)  percent  of  clove  stems.  Standard  cloves  must  contain  not 
less  than  ten  (10)  per  cent  of  volatile  ether  extract;  not  less  than  twelve  (12)  per 
cent  of  quercitannic  acid;  not  more  than  eight  (8)  percent  of  total  ash;  not  more 
than  five-tenths  (0.5)  per  cent  of  ash  insoluble  in  hydrochloric  acid,  and  not  more 
than  ten  (10)  per  cent  of  crude  fiber. 

Ginger  is  the  washed  and  dried,  or  decorticated  and  dried,  rhizome  of  Zingiber 
officinale  Roscoe  and  must  contain  not  less  than  forty-two  nor  more  than  forty-six 
per  cent  of  starch  by  direct  inversion;  not  more  than  eight  (8)  per  cent  crude  fiber; 
not  more  than  eight  (8)  percent  total  ash;  not  more  than  one  i  1)  percent  of  Lime, 
and  not  more  than  three  (3)   percent  of  ash  insoluble  in  hydrochloric  acid. 

Limed  or  bleached  ginger  is  whole  ginger  coated  with  carbonate  of  lime  contain- 
ing not  more  than  ten  (  10)  per  cent  ash;  not  more  than  four  (4  |  per  cent  of  carbon- 
ate of  lime,  and  conforming  in  other  respects  to  standard  ginger. 

.Mace  is  the  dried  arillns  of  Myrittica  fraarans  Bouttnyn  and  must  contain  not  less 
than  twenty  (20)  nor  more  than  thirty  (.'50)  per  cent  of  non-volatile  ether  extract; 
not  more  than  three  I  3)  per  cent  total  ash;  not  more  than  live-tenths  |  ()..*>  |  percent  of 
aafa  insoluble  in  hydrochloric  acid  and  not  more  than  ten  |  L0)  percent  of  crnde  liber. 

I  i round  mustard  is  a  powder  made  from  mustard  seed,  with  or  without  the  removal 
of  the  hulls  and  a  portion  of  the  fixed  oil,  and  must  contain  not  more  than  two  and 
live-tenth-  I  2.5  per  cent  of  starch  by  the  diastase  method  and  not  more  than  eight 
(8)  per  cent  of  total  a-h. 

(A  preparation  of   mustard,  vinegar,  spices  and  enough  filler  of  starch    to   make  a 

mustard  of  mild  flavor  to  meet  a  Legitimate  demand  which  undoubtedly  exists,  may 
be  sold  as  French  mustard  or  prepared  mustard.) 

Nutmeg  is  the  dried  seed  of  MyrigUca  fragrant  Houttuyn,  deprived  of  it>  testa  and 

with  or  without  a  thin  coating  of  lime,  and   must  contain  not    less  than  twenty-live 

nt  of  non-volatile  ether  extract  nor  more  than  five  (5)  percent  of  total 

ash;  not  more  than  live-tenth-    0.5    per  cent  of  ash,  soluble  in  hydrochloric  acid 

and  not  more  than  ten  i  10  i  per  cent  of  crude  fiber. 

Black  pepper  is  the  dried  immature  berries  of  Pipernigrum  Land  must  be  free 
from  added  pepper  sheels,  pepper  dust  and  other  pepper  by-products,  and  containing 

not  Less  than  six  (6)  per  cent  of  n  on- volatile  ether  extract.  Dot  Less  than  twenty -two 

(22    per  cent  of  starch  by  the  diastase  method;  not  less  than  twenty-eight    28 
cent  of  starch  by  direct  inversion;  not  more  than  seven  (7)  percent  total  ash  nor 

more  than  two  nt  of  ash  insoluble  in  hydrochloric  acid,  and  not  more  than 

fifteen  |  15)  per  cent  crude  liber.  ( me  hundred  parts  of  the  non-volatile  ether  extract 
contain  not  Less  than  three  and  one-quarter  (3.25)  parts  of  nitrogen. 

White  pepper  is  the  dried  mature  berries  of  Pipt  r  nigrum  L.  from  which  the  outer 
coating,  or  the  outer  and  inner  coatings,  bave  been  removed,  and  must  contain  not 
less  than  fort}  L0)  per  cent  of  starch  by  direct  inversion;  not  less  than  four  i  per 
cent  total  a-h:  not  less  than  five  5  percent  of  a-h  insoluble  in  bydrochlorii 
and  not  more  than  five  per  cent  |  5  per  cent  |  crude  liber.  One  hundred  parts  of  the 
non-volatile  ether  extract  contain  not  Less  than  tour    I  nitrogen. 

Quantity  of  sample  required     Four  ounces  in  original  pack 

Sug  is  the  product  chemically  known  a-  buci  oarose)  chiefly 

obtained  from   BUgar  cane,  BUgar  beets,  sorghum,  maple  Or   palm.      Standard  BU 

white  sugar  containing  at  leant  ninet}   nine  and  five-tenths  cent  of  pu 


636  FOODS  AND  FOOD  CONTROL. 

Starch  sugar  or  grape  sugar  is  the  solid  product  obtained  by  hydrolyzing  starch  or 
a  starch-containing  substance  until  the  greater  part  of  the  starch  is  converted  into 
dextrose.  Starch  sugar  or  grape  sugar  appears  in  commerce  in  two  forms,  anhydrous 
and  hydrous.  In  the  former  the  sugar  is  crystallized  without  water  of  crystalliza- 
tion; in  the  latter,  it  is  crystallized  with  water  of  crystallization.  The  hydrous 
varieties  are  commonly  known  as  70  and  80  BUgars;  7')  sugar  is  also  known  as  brewers' 
sugar,  and  SO  sugar  as  climax  or  acme  sugar. 

Standard  70  sugar  or  brewer^'  BUgar  is  hydrous  starch  sugar  containing  not  less 
than  seventy  (70)  per  cent  of  dextrose  and  not  more  than  eight-tenths  (0.8)  per  cent 
of  ash. 

Standard  SO  sugar,  climax  or  acme  sugar,  is  hydrous  starch  sugar  containing  not 
less  than  eighty  (SO)  per  cent  of  dextrose  and  not  more  than  one  and  one-half  (1.5) 
per  cent  of  ash. 

Standard  anhydrous  grape  sugar  is  anhydrous  grape  sugar  containing  not  less  than 
ninety-live  (95)  percent  of  dextrose  without  water  of  crystallization  and  not  more 
than  eight-tenths  (0.8)  per  cent  of  ash. 

The  ash  of  these  standard  products  consists  almost  entirely  of  chlorids  and  sul- 
phates of  lime  and  soda. 

Glucose,  mixing  glucose,  or  confectioners'  glucose  is  a  thick  syrupy  substance 
obtained  by  incompletely  hydrolizing  starch  or  a  starch-containing  substance,  decol- 
orizing and  evaporating  the  product.  It  is  found  in  various  degrees  of  concentra- 
tion, ranging  from  forty-one  (41)  to  forty-live  (45)  degrees  Baume  at  a  temperature 
of  100  degrees  F.  It  must  conform  in  density  within  these  limits  to  the  degree 
Baume  it  is  claimed  to  show  and  lor  a  density  of  forty-one  (41  i  degrees  Baume,  con- 
tains not  more  than  twenty-one  (L'l  |  per  cent  of  water  and  for  a  density  of  forty-live 
(45)  degrees  Baume  not  more  than  fourteen  (  14)  per  cent.  It  contains  on  a  basis  of 
forty-one  (41)  degrees  Baume  not  more  than  il  |  percent  of  ash,  consisting  chiefly 
of  chlorids  and  sulphates  of  lime  and  soda. 

Glucose  syrup,  or  corn  syrup,  is  glucose  unmixed  or  mixed  with  syrup  or  molasses 
containing  not  more  than  twenty-live  (  2o  )  per  cent  of  water  and  not  more  than  three 
(3  I  per  cent  of  ash. 

Quantity  of  sample  required— one-half  pound. 

Teas. — Tea  consists  of  the  dried  leaves  of  the  true  tea  plant,  without  addition  of 
artificial  coloring  matter  or  filler,  or  extraction  of  essential  properties.  Any  article 
offered  for  tea  which  does  not  conform  to  this  definition  is  adulterated. 

Quantity  of  sample  required — one-half  pound. 

Vinegar.  Vinegar  -ball  contain  no  artificial  coloring  matter,  and  shall  have  an 
acidity  equal  to  the  presence  of  not  less  than  four  and  one-half  (4.5)  percent  by 
weight  of  absolute  acetic  acid.  Cider  vinegar  shall,  in  addition,  contain  not  less 
than  two  (2)  percent  by  weight  <»f  eider  solids.  If  vinegar  contains  any  artificial 
coloring  matter,  or  less  than  the  required  amount  of  acidity,  or  if  cider  \  inegar  con- 
tain-less  than  the  required  amounl  of  acidity  or  cider  vinegar  solids,  if  shall  be 

deemed   to  be  adulterated. 

Quantity  of  Bample  required    one  pint. 

.  1 /,-,, holic  bevi  rages.     Quantity  of  -ample  required— one  pint 

Oysters.    -Quantity  of  sample  required    one-half  pint. 

Any  substance,  other  than  those  heretofore  provided  for,  that  is  intended  to  be 

eaten    or   used    in    the    manner  of    food    or   drink,  shall    have  the  Standard  of  purity 

adopted  by  the  United  States  Department  of  Agriculture. 

Any  drug  or  Bubstance  to  be  used  for  medicine  shall  be  of  the  standard  recognized 
by  the  United  Mates  Pharmacopea  or  other-  Pharmacopea  or  other  standard  works 
of  Materia-  Medica. 


VERMONT.  637 

Securing  of  samples  for  examination. — Agreeable  to  Section  5  of  No.  143,  Laws  of 
1904,  any  local  health  officer,  when  so  requested  by  the  Secretary  of  the  State  Board 
of  Health,  shall  procure  a  sample  of  any  drag,  article  of  food,  or  other  substance, 
specified  in  said  act,  and  forward  to  the  State  Laboratory,  securely  sealed.  He shall 
also  fill  out  the  blank  furnished  by  the  State  Board  of  Health  for  the  purpose,  and 
forward  to  the  Secretary,  together  with  a  statement  of  money  paid  out  for  such  sam- 
ple. For  each  single  sample  so  sent  to  the  Laboratory,  the  local  health  officer  shall 
receive  the  sum  of  twenty-five  cents,  for  each  additional  sample  the  sum  of  ten  cents, 
in  addition  to  the  sum  he  pays  for  the  sample. 

Attention  is  called  to  Section  6  of  No.  143,  relative  to  individuals  Bending  samples. 


o 


UNIVERSITY  OF  FLORIDA 

' '  1 1 II I  II  ll  II 

3  1262  08929  7369 


i 


